New York is one of the states with its own State Plan, established through the New York Public Employee Safety and Health Act (PESH Act), which includes a comprehensive set of rules and regulations specifically designed for public employers and employees. The enforcement of these standards is managed by Public Employee Safety and Health (PESH), a division of the New York Department of Labor.
While the PESH Standards and Regulations closely mirror federal OSHA Standards, the recordkeeping and reporting requirements under 12 NYCRR Part 801 differ from OSHA’s. Additionally, PESH enforces several State-Specific Standards unique from the usual OSHA requirements.
Some key PESH Standards that all public sector workers must comply with include:
Permissible Exposure Limits (12 NYCRR Part 800.5)
Toxic Substance Training, Education, and Information (12 NYCRR Part 820)
Emergency Escape and Self-Rescue Ropes and System Components for Firefighters, applicable in cities with fewer than 1 million residents (12 NYCRR Part 800.7)
Workplace Violence Prevention (12 NYCRR Part 800.6)
There are no separate standards or regulations under the New York State Plan that apply to private sector businesses. Consequently, private sector employees and employers must follow the Federal OSHA Standards and Regulations.
Local Law 196 governs the New York construction industry, requiring non-supervisory construction workers to obtain either a Site Safety Training (SST) Card or an OSHA 30 Card. Supervisory construction employees must complete 62 hours of site safety training.
Furthermore, New York Labor Law 220-H mandates that construction workers involved in contracts exceeding $250,000 must have an OSHA 10 Card. This requirement applies only to workers engaged in small-scale renovation and repair projects within or outside the city limits.
