1. What is PESH?

2. PESH The Public Employee Safety and Health Act
Article 2, Section 27a, NYS Labor Law
Effective January 1, 1980
Pesh responsible for the safety and health of all public ee’s. osha act specifically exempted public sector employees.new york elected to cover these employess and this is done by the pesh bureau.we are a state plan so we get federal funds and are required to be as effective as osha in our acitvities

3. 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

4. THE PESH BUREAU
60 Inspectors and Hygienists
9 District Offices

5. PROGRAM MANAGEMENT Norm Labbe Program Manager
Dave Merriman Assistant Program Manager (upstate)
Frank Fazzio Assistant Program Manager (downstate)

6. THE PESH ACT Definitions
Employer: The state, any political subdivision of the state; a public authority or any other governmental agency or instrumentality thereof

7. Definitions Employees;
Means any person permitted to work by an employer

8. 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

9. What does PESH cover?
We use the osha standards and directives . Use these for hazard identification and risk assessment.
typical safety hazards compressed gases, power tools, electrical, machine guarding, exits and exit pathways, fire protection ladders, welding and emergency action plans.
Typical health issues chemical exposure,noise,bbp,haz com,ppe,respiratory protection,confined spaces,lab standard, lead and asbestos

10. 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

11. 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)

12. Administrative Rules
Part 805: Petition for Employee Contest Of Abatement Period

13. What do I do if I have a safety or health issue in my workplace?
Use the system in your workplace to solve it locally; use the safety and health committee; no success call pesh

14. What is PESH’s Game Plan?
Scheduling priority
enforcement
Imminent danger
Fatality/accident with more than 2 ee’s hospitalized (must be reported to pesh within 8 hours)
Complaints
Referrals
Follow ups
Monitoring
Programmed inspections
Consultation
Abatement assistance
Most serious request to less serious

15. 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

16. Where do I fit in on an inspection?
Union representative, selected to have sampling done, eyes and ears in workplace, may be interviewed to see what is going on at worksite…critical to the effectiveness of our activities

17. How does a PESH inspection work?

18. INSPECTION PROCEDURES
The Act and Part 802 call for a structured inspection:
No Advanced Notice
Opening Conference
Union Participation
Walk Around Inspection
Closing Conference

19. What brings PESH to my workplace?

20. TYPES AND PRIORITY OF INSPECTIONS
Imminent Danger
Accident Investigations
Complaints (Serious Hazard Alleged)
Complaints (Non serious Hazard Alleged)
Referrals
Follow up Inspections
Programmed Inspections

21. 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

22. 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

23. Complaints Must be in writing and must be signed Must allege a hazard
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

24. 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

25. Referrals Hazards identified in the news media
Referrals from another agency
Referrals from another discipline

26. Follow Up Inspections
Conducted to verify compliance after all abatement dates have passed
Penalties are issued for uncorrected violations
Generally limited in scope

27. PROGRAMMED INSPECTIONS
Conducted with the least burden to the employer BUT the employer does have to facilitate the inspection
Comprehensive in scope

28. Fire Brigade Standard-29 CFR 1910.156 Organizational Statement
A statement or written policy which establishes the existence of a fire brigade.

29. 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.

30. Fire Brigade Standard Firefighting Equipment Inspections
Firefighting equipment at least annually
Portable fire extinguishers and respirators at least monthly.

31. 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

32. Fire Brigade Standard Protective Clothing Foot and leg protection
Body Protection
Hand Protection
Head, eye and Face protection
Respiratory protection devices

33. Personal Protective Equipment
29CFR
Written Hazard Assessment (Certified)
Written Training Certification

34. 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

35. 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

36. Hazard Communication Right to Know
29 CFR
Written Program
Inventory
Labeling
Training
Exposure record
Poster

37. Hazardous Waste Operations and Emergency Response
29CFR
Written Program
Training Records
Qualification of Trainers
Refresher Training Documentation
HAZMAT Team Members:
Baseline Physical Examination
Surveillance (f)
Training

38. Confined Space 29CFR1910.146 Formal Agreement with Employer
Formal On-site Training
Documentation of Training
Evaluation of Response

39. The Control of Hazardous Energy (LOTO)
29CFR
Safe Electrical Work Practices ( )
Written Procedures
Periodic Inspections
Training

40. Recording and Reporting Public Employees’ Occupational Injuries and Illnesses
PESH Form SH-900– Log of Work-Related Injuries and Illnesses
PESH Form SH – Injury and Illness Incident Report
PESH Form SH – Summary of Work-Related Injuries and Illnesses

41. Other issues that may be addressed during an inspection:
Emergency Action Plan for Fire and other emergencies
Fire Prevention Plan
Rabies
Lyme Disease

42. Portable Fire Extinguishers
29CFR
Inspection, Maintenance and Testing
Hydrostatic Testing
Annual Training

43. Walk around of the facility Including but not limited to:
Exits
Electrical
Housekeeping
Overhead Storage
Machine Guarding
Welding
Eye Wash (corrosives)

44. Walk around (Cont.) Ladders Fuel Dispensing Stairs Compressed gases
Sanitation

45. What happens after an inspector leaves my workplace?
Inspector returns to office reviews findings with supervisor and notices of violations are sent to worksite..must be posted..follow up done to determine compliance and fines assessed if non compliance found serious up to 200 per day and non serious up to 50 per day

46. 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
Really should be called a retaliation protection…does not cover is employer is not nice to you or if you don’t like the way they look or interact with you only…

47. 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

48. 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

49. 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

50. 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

51. Services to Employees Speakers Model programs Educational programs
Seminars
Lending library

52. 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
Government Performance and Results Act
Accountability!!!
We chose Injury Rates

53. SIC 9224 Fire/ Ambulance Injury Reduction
1997- (Baseline Year) # Injuries= 9,283
,187 injuries (11.8% reduction)
,886 injuries (36.6% reduction)
,156 injuries (22.9% reduction)
,607 injuries (18.1 % reduction)

54. Use PESH as a resource !