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PESH Update. PESH Public Employer Safety and Health. Responsible for the protection of the 1.3 million public employees within the state of New York. Inspections and Consultations. PESH. Enforcement of New York State Labor Laws and adopted OSHA Regulations in Places of Public Employment
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PESHPublic Employer Safety and Health Responsible for the protection of the 1.3 million public employees within the state of New York. Inspections and Consultations
PESH • Enforcement of New York State Labor Laws and adopted OSHA Regulations in Places of Public Employment • State • County • City • Towns • Villages
JurisdictionUS Department of LaborOSHA- Private EmployersNYS Department of LaborPESH- Public Employers
PESH STAFF • Enforcement Staff • Industrial Hygienists • Safety Inspectors • Consultation Staff • Industrial Hygienists • Safety Consultants
Consultation Service • Free Of Charge • Safety or Health • Compliance Assistance • Exposure Monitoring • Training Assistance • Written Program Development • ETC.
PESH Strategic Plan- Phase II • Reduce Injuries by 10% over 5 years • Fire and Ambulance Service • October 2003-2012 • Develop and Improve Training Modules • HAB Awards • Broaden Partnerships
Frequently Cited Items • 1910.134(f)(2)- Fit test were not conducted annually • 1910.156 (c)(2) – 8 hours of annual training was not received • 1910.1030(h)(1)(i) – Establish Medical Records • 1910.1030(g)(2)(iv) – Annual Training Was Not Given • 1910.120 (q)(6)(i) – First Responders Operations Level training not received • 1910.134(e)(1)- Medical evaluations were not provided to interior fire fighters
Where PESH Rules come from Regulations written by DOSH CFR adopted from OSHA Law drafted by NYS Legislators Governor’s Executive Order General Duty and Consensus Standards
Regulation written by DOSH • WPV • Legislation – Section 27-b • Comments from unions • Draft a Regulation • Public Comment • Phased Compliance • Compliance Directive • Compliance Assistance Resources
CFR adopted from OSHA • Proposed CFR for Comments • Effective Date • PESH adopts • Compliance Directive
Laws drafted by NYS Legislators • Rope Rescue • DOSH drafts a Regulation • Upon approval, post for public comment • Coordinate training plan with OFPC • Effective Date • Emergency Rule
Executive Order • Domestic Violence
General Duty Clause • Section 27-a(3) of the PESH Act requires “Every employer shall: furnish to each of its employees, employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to its employees and which will provide reasonable and adequate protection to the lives, safety and health of its employees.”
Most Common General Duty Citations • TB • Lime Disease • Rabies
Use of National Consensus Standards CDC - 1946 OSHA,NIOSH – 1970 research, information, training and education “Incorporated or Adopted by reference” • NFPA & ANSI
Common Standards for Fire Service 1910.120 – HAZMAT Emergency Response 1910.132 – Personal Protective Equipment 1910.134 – Respiratory Protection 1910.146 – Permit Required Confined Space 1910.156 – Fire Brigade 1910.1030—Bloodbourne Pathogens 1910.1200-Hazard Communication 12 NYCRR PART 800.16 Workplace Violence Prevention 12 NYCRR PART 801 Record Keeping
Hazardous Waste Operations and Emergency Response • 29CFR1910.120 • Written Program • Training Records • Qualification of Trainers • Refresher Training Documentation • HAZMAT Team Members: • Baseline Physical Examination • Surveillance (f) • Training
Personal Protective Equipment • 29CFR1910.132 • Written Hazard Assessment (Certified) • Written Training Certification
Respiratory Protection29CFR1910.134 • Written Respiratory Protection Program • Medical Evaluation • Obtain Written Recommendation from PLHCP • Fit Testing • Accountability Program • Inspection Records • Repair Records • Breathing Air Quality • Annual Training • Program Evaluation
Confined Space • 29CFR1910.146 • Formal Agreement with Employer • Formal On-site Training • Documentation of Training • Evaluation of Response
The Control of Hazardous Energy (LOTO) • 29CFR1910.147 • Safe Electrical Work Practices (1910.331-399) • Written Procedures • Periodic Inspections • Training
Fire Brigade • 29CFR1910.156 • Organizational Statement • Physical Capability • Training and Education • Firefighting Equipment Inspections
Portable Fire Extinguishers • 29CFR1910.157 • Inspection, Maintenance and Testing • Hydrostatic Testing • Annual Training
Bloodborne Pathogens • Written Exposure Control Plan • Annual Update • Regulated Waste • Hepatitis B Vaccination Records • Declination Statement • Incident Report and Related Documentation • Documentation Package for Healthcare Provider • Healthcare Provider’s Written Opinion • Firefighter’s Receipt of the Written Opinion • Warning Labels and signs • Training • Sharps Injury Log
Hazard CommunicationRight to Know • 29 CFR 1910.1200 • Written Program • Inventory • Labeling • Training • Exposure record • Poster
12NYCRR Part 801Record Keeping • Report within 8 hours • Death • In House Hospitalization of of 2 or More • SH 900 • SH 900.1 • SH 900.2 • Posting • Retention • Provide records within 4 hours • Bureau of Labor Statistics • Posters
12 NYCRR Part 800.7 Life Safety Ropes and Systems Definitions Specifications Risk Assessment Training Employer’s Duties
Consultation Service • Free Of Charge • Safety or Health • (Consultant names here) • Compliance Assistance • Exposure Monitoring • Training Assistance • Written Program Development • ETC.