LAB-28-07-00015-P Public Employee Occupational Safety and Health Standards

7/11/07 N.Y. St. Reg. LAB-28-07-00015-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 28

July 11, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF LABOR

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. LAB-28-07-00015-P

Public Employee 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 amend section 800.3 of Title 12 NYCRR.

Statutory authority:

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

Subject:

Public employee occupational safety and health standards.

Purpose:

To incorporate by reference into New York State occupational safety and health standards, those safety and health standards adopted by the U.S. Department of Labor, Occupational Safety and Health Administration, as of Aug. 24, 2006.

Substance of proposed rule (Full text is not posted on a State website):

The proposed rule amends Section 800.3 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York, which sets forth those standards of the Occupational Safety and Health Administration which are incorporated by reference into state regulations. It is amended so as to incorporate those standards revised as of January 18, 2006.

The material incorporated by reference in Part 800.3 contains the following parts of Title 29 of the Code of Federal Regulations, revised as of the dates following the title of each part:

Part 1910 - General Industry Standards; July 1, 1988 edition

Part 1915 - Shipyard Employment Standards; July 1, 1988 edition

Part 1917 - Marine Terminal Standards edition; July 1, 1988 edition

Part 1918 - Longshoring Standards; July 1, 1988 edition

Part 1926 - Construction Standards; July 1, 1988 edition

Part 1928 - Agricultural Standards; July 1, 1988 edition

Certain revisions to these standards, published in the Federal Register through June 23, 2006 have been adopted previously.

Since the standards were last updated, the Department of Labor has obtained one additional standard:

1. Updating National Consensus Standards in OSHA's Standard for Fire Protection in Shipyard Employment, Final Rule, 71 Federal Register, 60843–60847.

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

Teresa Stoklosa, Legal Assistant II, Department of Labor, Counsel's Office, State Campus, Bldg. 12, Albany, NY 12240, [phone], e-mail: [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.

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 OSHA. 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.