N.Y. Labor Law Section 27
Safety and health standards


1.

Application. Notwithstanding any other provision in this chapter, a safety or health standard promulgated under this section shall apply only to employees not covered by a federal occupational safety or health standard promulgated under section six of the United States Occupational Safety and Health Act of 1970 (Public Law, 91-596). Provided, however, that no standard promulgated under this section shall apply to employees of the state, its political subdivisions and of any other governmental agency or instrumentality, to whom § 27-A (Safety and health standards for public employees)section twenty-seven-a of this chapter is applicable.

2.

Standards.

a.

The commissioner shall by rule adopt, amend or repeal safety and health standards which provide reasonable and adequate protection to the lives, safety or health of employees and of persons lawfully frequenting a place of employment.

b.

The commissioner may require licenses as a condition of carrying on any industry, trade, occupation or process which the commissioner finds contains special elements of danger to the lives, safety or health of employees to whom this section is applicable or of persons lawfully frequenting the place of employment of such employees. The commissioner may establish a schedule of fees for such licenses, require medical inspection and supervision of persons so employed or applying for such employment, and may prescribe other appropriate requirements.

c.

Any person who may be adversely affected by a standard issued under this section may at any time within sixty days after the effective date of such standard, commence a proceeding for judicial review pursuant to article seventy-eight of the civil practice law and rules.

d.

The safety and health standards promulgated under this section shall for all purposes have the full force and effect of law and shall be enforced in the same manner as the provisions of this article.

e.

Any provision of this chapter and any rule or regulation issued under the provisions of this chapter relating to the protection of the safety or health of employees to whom this section is applicable and of persons lawfully frequenting the place of employment of such persons which is in effect on the date that this act becomes effective shall be deemed to be a safety and health standard issued under this section, with all provisions of this article applicable, and shall continue in effect until superseded by a corresponding safety and health standard issued on or after the effective date of this act.

f.

The provisions of this section shall supersede any other provision of this chapter which is inconsistent or in conflict therewith.

3.

Regulations. The commissioner may promulgate such regulations as he shall consider necessary and proper to effectuate the purposes and provisions of this section.

Source: Section 27 — Safety and health standards, https://www.­nysenate.­gov/legislation/laws/LAB/27 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

10
Department of labor
10‑A
Domestic violence policy
10‑B
Domestic violence employee awareness and assistance
10‑C
Workforce guidance and information for women initiative
11
Deputy commissioner
12
Transmission of labor market information
12‑C
Passenger tramway advisory council
12‑D
Advisory council on farm labor safety
13
Oaths of office
14
Offices of the department
15
Seal
16
Vacancies and removals
17
Expenses
18
Officers and employees
18‑C
Sick leave for per diem employees
20
Divisions or bureaus
21
General powers and duties of commissioner
21‑A
The industrial commissioner is hereby authorized to enter into agreements with the appropriate agencies of the United States, whereby, in...
21‑B
Power of the industrial commissioner to make agreements for federal reimbursement to the state of certain expenses in connection with vet...
21‑C
Power of commissioner to enter into agreements relating to certain federal acts
21‑D
Power of commissioner to enter into agreement relating to information obtained by the state directory of new hires
21‑E
Powers of the commissioner to prepare and issue a notice to be posted at worksite
21‑F
Job transition plan for certain climate risk-related and energy transition projects
23
Administrative regulations
24
Delegation of powers by commissioner
25
Power to enter and inspect premises
25‑A
Power to administer the New York youth jobs program tax credit
25‑B
Power to administer the workers with disabilities tax credit program
25‑C
Power to administer the empire state apprenticeship tax credit program
26
Examination of books and papers
27
Safety and health standards
27‑A
Safety and health standards for public employees
27‑B
Duty of public employers to develop and implement programs to prevent workplace violence
27‑C
Preparation of public employers for state disaster emergencies involving public health
27‑D
Workplace safety committees
29
Procedure for issuing safety and health rules
30
Variations
31
Duty to furnish information and facilitate inspections
32
Interference with officer or employee of department prohibited
33
Service of notice
34
Department to keep record and publish bulletin of licenses
35
Maintenance of records
36
Destruction of old records
37
Department’s process to be in its name
38
Oaths and affidavits
39
Hearings and subpoenas
40
Proceedings before officers or employees
41
Rules governing hearings
42
Youth education, employment and training program
43
Transfer of funds to the unemployment insurance occupational training fund
44
Workplace fatality registry

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 27’s source at nysenate​.gov

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