1 What is PESH?
Jan 13, 2016
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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’s Game 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 !