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What is PESH?. PESH. The Public Employee Safety and Health Act Article 2, Section 27a, NYS Labor Law Effective January 1, 1980. The Public Employee Safety and Health Bureau. Enforces the provisions of the PESH Act and the safety and health standards promulgated under the Act

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  • The Public Employee Safety and Health Act
  • Article 2, Section 27a, NYS Labor Law
  • Effective January 1, 1980
the public employee safety and health bureau
The Public Employee Safety and Health Bureau
  • Enforces the provisions of the PESH Act and the safety and health standards promulgated under the Act
  • Provides consultation services to Public Employers
  • Provides educational and consultation services to Employee Organizations
the pesh bureau
  • 60 Inspectors and Hygienists
  • 9 District Offices
program management
  • Norm Labbe Program Manager
  • Dave Merriman Assistant Program Manager (upstate)
  • Frank Fazzio Assistant Program Manager (downstate)
the pesh act definitions
THE PESH ACTDefinitions
  • Employer: The state, any political subdivision of the state; a public authority or any other governmental agency or instrumentality thereof
  • Employees;
  • Means any person permitted to work by an employer
  • Authorized Employee Representative;
  • An employee authorized by the employees or the designated representative of an employee organization recognized or certified to represent employees pursuant to Article 14 of the Civil Service Law
safety and health standards
  • The Act directs the Commissioner of Labor to adopt by rule and regulation all federal OSHA standards and apply them to places of public employment
administrative rules
  • Part 801: Recording and Reporting Public Employees’ Occupational Injuries and Illnesses
  • Part 802: Inspection of Places Of Public Employment
  • Part 803: Variance Regulations
  • Part 804: Petition For Modification Of Abatement Date (PMA)
administrative rules1
Administrative Rules
  • Part 805: Petition for Employee Contest Of Abatement Period
inspection procedures
  • Administrative Plan:
  • Programmed Inspections
    • Each Inspector assigned a geographical area
    • Moves through that area on a door to door basis inspecting high hazard workplaces
    • Expected 9 year cycle
inspection procedures1
  • The Act and Part 802 call for a structured inspection:
    • No Advanced Notice
    • Opening Conference
    • Union Participation
    • Walk Around Inspection
    • Closing Conference
types and priority of inspections
  • Imminent Danger
  • Accident Investigations
  • Complaints (Serious Hazard Alleged)
  • Complaints (Non serious Hazard Alleged)
  • Referrals
  • Follow up Inspections
  • Programmed Inspections
imminent danger
Imminent Danger
  • A condition which is likely to cause death or serious physical injury or illness
    • Advance notice given to employer
    • Inspection commenced immediately
    • PESH has authority to stop the work under Section 200 Of the Labor Law
accident investigations
Accident Investigations
  • Any incident which is fatal to one employee or results in hospitalization of two or more employees
  • Employer must report incident to PESH within 8 hours
  • PESH may inspect incidents which injures only one employee if assets are available
  • Must be in writing and must be signed
    • Complainant may request that name be with held
  • Must allege a hazard
  • PESH investigates every complaint
  • Employer is provided with a copy of the complaint at the opening conference
  • Complaints are reviewed and prioritized based upon the hazard to employees.
  • The higher the hazard the higher the priority
  • Complainant may be asked to provide additional information prior to inspection
  • Hazards identified in the news media
  • Referrals from another agency
  • Referrals from another discipline
follow up inspections
Follow Up Inspections
  • Conducted to verify compliance after all abatement dates have passed
  • Penalties are issued for uncorrected violations
  • Generally limited in scope
programmed inspections
  • Conducted with the least burden to the employer BUT the employer does have to facilitate the inspection
  • Comprehensive in scope
fire brigade standard 29 cfr 1910 156 organizational statement
Fire Brigade Standard-29 CFR 1910.156Organizational Statement
  • A statement or written policy which establishes the existence of a fire brigade.
the basic organizational structure; the type, amount, and frequency of training to be provided to fire brigade members; the expected number of members in the fire brigade;
  • and the functions that the fire brigade is to perform at the workplace. The organizational statement shall be available for inspection by the Assistant Secretary and by employees or their designated representatives.
fire brigade standard
Fire Brigade Standard
  • Firefighting Equipment Inspections
  • Firefighting equipment at least annually
  • Portable fire extinguishers and respirators at least monthly.
fire brigade standard 29 cfr 1910 156 cont
Fire Brigade Standard-29 CFR 1910.156 (Cont.)
  • Physical Capabilities
  • Interior Structural Firefighters
  • Training and Education
  • Minimum of 15 hours safety related training for new firefighters
  • Minimum 8 hour refresher training annually
fire brigade standard1
Fire Brigade Standard
  • Protective Clothing
  • Foot and leg protection
  • Body Protection
  • Hand Protection
  • Head, eye and Face protection
  • Respiratory protection devices
personal protective equipment
Personal Protective Equipment
  • 29CFR1910.132
  • Written Hazard Assessment (Certified)
  • Written Training Certification
respiratory protection 1910 134
Respiratory Protection-1910.134
  • Written Respiratory Protection Program
  • Medical Evaluation
  • Obtain Written Recommendation from PLHCP
  • Fit Testing
  • Accountability Program
  • Inspection Records
  • Repair Records
  • Breathing Air Quality
  • Annual Training
  • Program Evaluation
bloodborne pathogens 1910 1030
Bloodborne Pathogens-1910.1030
  • Written Exposure Control Plan
  • Annual Update
  • Regulated Waste
  • Hepatitis B Vaccination Records
  • Declination Statement
  • Incident Report and Related Documentation
  • Documentation Package for Healthcare Provider
  • Healthcare Provider’s Written Opinion
  • Firefighter’s Receipt of the Written Opinion
  • Warning Labels and signs
  • Training
  • Sharps Injury Log
hazard communication right to know
Hazard CommunicationRight to Know
  • 29 CFR 1910.1200
  • Written Program
  • Inventory
  • Labeling
  • Training
  • Exposure record
  • Poster
hazardous waste operations and emergency response
Hazardous Waste Operations and Emergency Response
  • 29CFR1910.120
  • Written Program
  • Training Records
  • Qualification of Trainers
  • Refresher Training Documentation
  • HAZMAT Team Members:
    • Baseline Physical Examination
    • Surveillance (f)
    • Training
confined space
Confined Space
  • 29CFR1910.146
  • Formal Agreement with Employer
  • Formal On-site Training
  • Documentation of Training
  • Evaluation of Response
the control of hazardous energy loto
The Control of Hazardous Energy (LOTO)
  • 29CFR1910.147
  • Safe Electrical Work Practices (1910.331-399)
  • Written Procedures
  • Periodic Inspections
  • Training
recording and reporting public employees occupational injuries and illnesses
Recording and Reporting Public Employees’ Occupational Injuries and Illnesses
  • PESH Form SH-900– Log of Work-Related Injuries and Illnesses
  • PESH Form SH-900.2 – Injury and Illness Incident Report
  • PESH Form SH-900.1 – Summary of Work-Related Injuries and Illnesses
other issues that may be addressed during an inspection
Other issues that may be addressed during an inspection:
  • Emergency Action Plan for Fire and other emergencies
  • Fire Prevention Plan
  • Rabies
  • Lyme Disease
portable fire extinguishers
Portable Fire Extinguishers
  • 29CFR1910.157
  • Inspection, Maintenance and Testing
  • Hydrostatic Testing
  • Annual Training
walk around of the facility including but not limited to
Walk around of the facilityIncluding but not limited to:
  • Exits
  • Electrical
  • Housekeeping
  • Overhead Storage
  • Machine Guarding
  • Welding
  • Eye Wash (corrosives)
walk around cont
Walk around (Cont.)
  • Ladders
  • Fuel Dispensing
  • Stairs
  • Compressed gases
  • Sanitation
  • The employer may take no adverse action against an employee because:
    • He or She filed a complaint
    • Participated in the inspection
    • Gave statements to the inspector
    • Exercised any other right provided for in the Act
  • Complaints must be made within 30 days of the adverse action
  • The PESH Bureau will investigate and provide finding within 90 days
  • If discrimination is found the case is sent to the AG for prosecution
  • Consultation is provided free of charge to employer who would like to voluntarily come into compliance
  • Limited or full service consultation services are available
  • Service is provided upon the employers request
  • The consultation is conducted in the same structured format as an inspection
  • Consultant must be allowed to interview employees
  • Employee representative participation is strongly encouraged
  • The employer must agree to correct any serious hazards identified by the consultant by an agreed upon date.
  • The Employer must certify to PESH that the serious hazards have been removed
services to employees
Services to Employees
  • Speakers
  • Model programs
  • Educational programs
  • Seminars
  • Lending library
pesh s strategic plan
PESH’s Strategic Plan
  • GPRA- 1993
  • Requires Strategic Plan
    • Strategic Goals Identified
    • Performance Goals Specified
      • Highway/Construction (SIC 1611)
      • Fire /Ambulance (9224)
      • Nursing Homes (805)
    • Performance Indicators
      • Injury Rates From SH 900
sic 9224 fire ambulance injury reduction
SIC 9224 Fire/ Ambulance Injury Reduction
  • 1997- (Baseline Year) # Injuries= 9,283
  • 1999- 8,187 injuries (11.8% reduction)
  • 2000- 5,886 injuries (36.6% reduction)
  • 2001- 7,156 injuries (22.9% reduction)
  • 2002- 7,607 injuries (18.1 % reduction)