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What is PESH?

Learn about the Public Employee Safety and Health Act (PESH) in New York State, its enforcement, safety standards, inspection procedures, and more. Get insights on how to address safety issues and what to expect during a PESH inspection.

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What is PESH?

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  1. What is PESH?

  2. PESH • The Public Employee Safety and Health Act • Article 2, Section 27a, NYS Labor Law • Effective January 1, 1980

  3. The Public Employee Safety and Health Bureau • Enforces the provisions of the PESH Act and the safety and health standards promulgated under the Act • Provides consultation services to Public Employers • Provides educational and consultation services to Employee Organizations

  4. THE PESH BUREAU • 60 Inspectors and Hygienists • 9 District Offices

  5. DISTRICT OFFICES • New York City 212-621-0773 • Garden City 516-228-3970 • White Plains 914-997-9514

  6. DISTRICT OFFICES • Albany 518-457-5508 • Utica 315-793-2258 • Binghamton 607-721-8211 • Syracuse 315-479-3212 • Rochester 585-258-4570 • Buffalo 716-847-7133

  7. THE PESH ACTDefinitions • Employer: The state, any political subdivision of the state; a public authority or any other governmental agency or instrumentality thereof

  8. Definitions • Employees; • Means any person permitted to work by an employer

  9. Definitions • Authorized Employee Representative; • An employee authorized by the employees or the designated representative of an employee organization recognized or certified to represent employees pursuant to Article 14 of the Civil Service Law

  10. What does PESH cover?

  11. SAFETY AND HEALTH STANDARDS • The Act directs the Commissioner of Labor to adopt by rule and regulation all federal OSHA standards and apply them to places of public employment

  12. ADMINISTRATIVE RULES • Part 801: Recording and Reporting Public Employees’ Occupational Injuries and Illnesses • Part 802: Inspection of Places Of Public Employment • Part 803: Variance Regulations • Part 804: Petition For Modification Of Abatement Date (PMA)

  13. Administrative Rules • Part 805: Petition for Employee Contest Of Abatement Period

  14. What do I do if I have a safety or health issue in my workplace?

  15. What is PESH’s Game Plan?

  16. INSPECTION PROCEDURES • Administrative Plan: • Programmed Inspections • Each Inspector assigned a geographical area • Moves through that area on a door to door basis inspecting high hazard workplaces • Expected 9 year cycle

  17. How does a PESH inspection work?

  18. INSPECTION PROCEDURES • The Act and Part 802 call for a structured inspection: • No Advanced Notice • Opening Conference • Union Participation • Walk Around Inspection • Closing Conference

  19. What brings PESH to my workplace?

  20. TYPES AND PRIORITY OF INSPECTIONS • Imminent Danger • Accident Investigations • Complaints (Serious Hazard Alleged) • Complaints (Non serious Hazard Alleged) • Referrals • Follow up Inspections • Programmed Inspections

  21. Imminent Danger • A condition which is likely to cause death or serious physical injury or illness • Advance notice given to employer • Inspection commenced immediately • PESH has authority to stop the work under Section 200 Of the Labor Law

  22. Accident Investigations • Any incident which is fatal to one employee or results in hospitalization of two or more employees • Employer must report incident to PESH within 8 hours • PESH may inspect incidents which injures only one employee if assets are available

  23. Complaints • Must be in writing and must be signed • Complainant may request that name be with held • Must allege a hazard • PESH investigates every complaint • Employer is provided with a copy of the complaint at the opening conference

  24. COMPLAINTS • Complaints are reviewed and prioritized based upon the hazard to employees. • The higher the hazard the higher the priority • Complainant may be asked to provide additional information prior to inspection

  25. Referrals • Hazards identified in the news media • Referrals from another agency • Referrals from another discipline

  26. Follow Up Inspections • Conducted to verify compliance after all abatement dates have passed • Penalties are issued for uncorrected violations • Generally limited in scope

  27. PROGRAMMED INSPECTIONS • Conducted with the least burden to the employer BUT the employer does have to facilitate the inspection • Comprehensive in scope

  28. 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

  29. Personal Protective Equipment • 29CFR1910.132 • Written Hazard Assessment (Certified) • Written Training Certification

  30. Respiratory Protection-1910.134 • Written Respiratory Protection Program • Selection • Medical Evaluation • Fit Testing • Proper use, cleaning, disinfection, storage, inspection, repair and maintenance • Breathing Air Quality • Annual Training • Program Evaluation

  31. Confined Space • 29CFR1910.146 • Evaluate Workplace • Inform of Location and Hazards • Prevent Entry • Written PRCS Entry Plan

  32. The Control of Hazardous Energy (LOTO) • 29CFR1910.147 • Safe Electrical Work Practices (1910.331-399) • Written Procedures • Training • Periodic Inspections

  33. Portable Fire Extinguishers • 29CFR1910.157 • Inspection, Maintenance and Testing • Hydrostatic Testing • Annual Training

  34. Bloodborne Pathogens-1910.1030 • Written Exposure Control Plan • Exposure Determination • Universal Precautions, Engineering Controls, PPE, Housekeeping • Hepatitis B Vaccination/Declination • Post-Exposure Evaluation and Follow-up • Documentation Package for Healthcare Provider • Labels and Signs • Annual Training and Program Evaluation • Recordkeeping

  35. Hazard CommunicationRight to Know • 29 CFR 1910.1200 • Written Program • Inventory • Material Safety Data Sheets (MSDS) • Labeling • Training • Exposure Record • Poster

  36. Hazardous Chemicals in Laboratories – 1910.1450 • Limit Exposure to PELs • Chemical Hygiene Plan (App A – National Research Council Recommendations) • Training • Hazard ID – Maintain Labels & MSDS

  37. Recording and Reporting Public Employees’ Occupational Injuries and Illnesses • PESH Form SH-900– Log of Work-Related Injuries and Illnesses • PESH Form SH-900.2 – Injury and Illness Incident Report • PESH Form SH-900.1 – Summary of Work-Related Injuries and Illnesses

  38. Other issues that may be addressed during an inspection: • Emergency Action Plan for Fire and other emergencies • Fire Prevention Plan • Rabies • Lyme Disease

  39. Walk around of the facilityIncluding but not limited to: • Exits • Electrical • Housekeeping • Overhead Storage • Machine Guarding • Welding • Eye Wash (corrosives)

  40. Walk around (Cont.) • Ladders • Fuel Dispensing • Stairs • Compressed Gases • Sanitation

  41. What happens after an inspector leaves my workplace?

  42. Discrimination • The employer may take no adverse action against an employee because: • He or She filed a complaint • Participated in the inspection • Gave statements to the inspector • Exercised any other right provided for in the Act

  43. Discrimination • Complaints must be made within 30 days of the adverse action • The PESH Bureau will investigate and provide finding within 90 days • If discrimination is found the case is sent to the AG for prosecution

  44. Consultation • Consultation is provided free of charge to employer who would like to voluntarily come into compliance • Limited or full service consultation services are available • Service is provided upon the employers request

  45. Consultation • The consultation is conducted in the same structured format as an inspection • Consultant must be allowed to interview employees • Employee representative participation is strongly encouraged

  46. Consultation • The employer must agree to correct any serious hazards identified by the consultant by an agreed upon date. • The Employer must certify to PESH that the serious hazards have been removed

  47. Services to Employees • Speakers • Model programs • Educational programs • Seminars • Lending library

  48. PESH’s Strategic Plan • GPRA- 1993 • Requires Strategic Plan • Strategic Goals Identified • Performance Goals Specified • Highway/Construction (SIC 1611) • Fire /Ambulance (9224) • Nursing Homes (805) • Performance Indicators • Injury Rates From SH 900

  49. SIC 1611 Highway/Construction Injury Rate Reduction • 1995- (Baseline Year) 14.4 • 1999- 11.7 • 2000- 11.0 • 2001- 10.8 • 2002- 12.2 • Total Reduction 15%

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