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 Oct. 26, 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 27‑E
Prevention of retail workplace violence 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
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 27’s source at nysenate​.gov

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