New York Codes Rules Regulations (Last Updated: March 27,2024) |
TITLE 12. Department of Labor |
Chapter XI. Division of Safety and Health |
Subchapter A. Public Employees' Safety and Health |
Part 804. Petition for Modification of Abatement Date |
Sec. 804.7. Review of employee objection
Latest version.
- When a petition has been objected to by affected employees or their representative, if there is one, such petition shall be processed as follows:(a) If the commissioner's determination grants, in whole or in part, the employer's application, the petition, citation and any objections shall be forwarded by the commissioner to the Industrial Board of Appeals within 10 working days.(b) The Industrial Board of Appeals shall docket and process such petitions as expedited proceedings.(c) Within 10 working days after the receipt of notice of the docketing by the Industrial Board of Appeals of any petition for modification of the abatement date, each party shall file a response setting forth whether it is aggrieved by such determination and the reasons for opposing the granting of the modification date requested in the petition. If no party is aggrieved, the board on its own motion shall dismiss the proceeding.