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What is PESH?

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PESH

The Public Employee Safety and Health Act

Article 2, Section 27a, NYS Labor Law

Effective January 1, 1980

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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

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THE PESH BUREAU

60 Inspectors and Hygienists

9 District Offices

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PROGRAM MANAGEMENT

Norm Labbe Program Manager

Dave Merriman Assistant Program Manager (upstate)

Frank Fazzio Assistant Program Manager (downstate)

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THE PESH ACTDefinitions

Employer: The state, any political subdivision of the state; a public authority or any other governmental agency or instrumentality thereof

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Definitions

Employees;

Means any person permitted to work by an employer

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Definitions

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

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What does PESH cover?

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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

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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)

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Administrative Rules

Part 805: Petition for Employee Contest Of Abatement Period

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What do I do if I have a safety or health issue in my workplace?

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What is PESH’sGame Plan?

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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

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Where do I fit in on an inspection?

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How does a PESH inspection work?

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INSPECTION PROCEDURES

The Act and Part 802 call for a structured inspection:

No Advanced Notice

Opening Conference

Union Participation

Walk Around Inspection

Closing Conference

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What brings PESH to my workplace?

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TYPES AND PRIORITY OF INSPECTIONS

Imminent Danger

Accident Investigations

Complaints (Serious Hazard Alleged)

Complaints (Non serious Hazard Alleged)

Referrals

Follow up Inspections

Programmed Inspections

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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

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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

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Complaints

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

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COMPLAINTS

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

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Referrals

Hazards identified in the news media

Referrals from another agency

Referrals from another discipline

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Follow Up Inspections

Conducted to verify compliance after all abatement dates have passed

Penalties are issued for uncorrected violations

Generally limited in scope

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PROGRAMMED INSPECTIONS

Conducted with the least burden to the employer BUT the employer does have to facilitate the inspection

Comprehensive in scope

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Fire Brigade Standard-29 CFR 1910.156

Organizational Statement

A statement or written policy which establishes the existence of a fire brigade.

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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.

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Fire Brigade Standard

Firefighting Equipment Inspections

Firefighting equipment at least annually

Portable fire extinguishers and respirators at least monthly.

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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

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Fire Brigade Standard

Protective Clothing

Foot and leg protection

Body Protection

Hand Protection

Head, eye and Face protection

Respiratory protection devices

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Personal Protective Equipment

29CFR1910.132

Written Hazard Assessment (Certified)

Written Training Certification

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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

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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

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Hazard CommunicationRight to Know

29 CFR 1910.1200

Written Program

Inventory

Labeling

Training

Exposure record

Poster

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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

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Confined Space

29CFR1910.146

Formal Agreement with Employer

Formal On-site Training

Documentation of Training

Evaluation of Response

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The Control of Hazardous Energy (LOTO)

29CFR1910.147

Safe Electrical Work Practices (1910.331-399)

Written Procedures

Periodic Inspections

Training

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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

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Other issues that may be addressed during an inspection:

Emergency Action Plan for Fire and other emergencies

Fire Prevention Plan

Rabies

Lyme Disease

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Portable Fire Extinguishers

29CFR1910.157

Inspection, Maintenance and Testing

Hydrostatic Testing

Annual Training

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Walk around of the facilityIncluding but not limited to:

Exits

Electrical

Housekeeping

Overhead Storage

Machine Guarding

Welding

Eye Wash (corrosives)

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Walk around (Cont.)

Ladders

Fuel Dispensing

Stairs

Compressed gases

Sanitation

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What happens after an inspector leaves my workplace?

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Discrimination

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

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Discrimination

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

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Consultation

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

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Consultation

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

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Consultation

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

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Services to Employees

Speakers

Model programs

Educational programs

Seminars

Lending library

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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

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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)

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Use PESH as a resource !