LAB-50-09-00015-P Public Employees Occupational Safety and Health Standards

12/16/09 N.Y. St. Reg. LAB-50-09-00015-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 50

December 16, 2009

RULE MAKING ACTIVITIES

DEPARTMENT OF LABOR

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. LAB-50-09-00015-P

Public Employees Occupational Safety and Health Standards

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to add section 800.3(dr) to Title 12 NYCRR.

Statutory authority:

Labor Law, section 27-a(4)(a)

Subject:

Public Employees Occupational Safety and Health Standards.

Purpose:

To incorporate by reference updates to OSHA standards into the State Public Employee Occupational Safety and Health Standards.

Text of proposed rule:

Regulation 12 NYCRR § 800.3 is amended to add the following subdivision:

(dr) Clarification of Employer Duty To Provide Personal Protective Equipment and Train Each Employee; Final Rule-73 Federal Register 75568-75589, December 12, 2008.

Text of proposed rule and any required statements and analyses may be obtained from:

Michael Paglialonga, Department of Labor, Building 12, State Office Campus, Room 509, Albany, NY 12240, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

This amendment is necessary because Section 27-a(4)(a) of the Labor Law directs the Commissioner to adopt by rule, for the protection of the safety and health of public employees, all safety and health standards promulgated under the U.S. Occupational Safety and Health Act of 1970, and to promulgate and repeal such rules and regulations as may be necessary to conform to the standards established pursuant to that Act. This insures that public employees will be afforded the same safeguards in their workplaces as are granted to employees in the private sector.

Job Impact Statement

As the proposed action does not affect jobs and employment opportunities but simply affords workplace safety and health guidelines to improve job performance and safety, a job impact statement is not submitted.