What is PESH?

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

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

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

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

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

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 Rules Part 805: Petition for Employee Contest Of Abatement Period

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

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

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

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

How does a PESH inspection work?

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

What brings PESH to my workplace?

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 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 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

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

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

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

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 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 Firefighting Equipment Inspections Firefighting equipment at least annually Portable fire extinguishers and respirators at least monthly.

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

Personal Protective Equipment 29CFR1910.132 Written Hazard Assessment (Certified) Written Training Certification

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 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 29 CFR 1910.1200 Written Program Inventory Labeling Training Exposure record Poster

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

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 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: Emergency Action Plan for Fire and other emergencies Fire Prevention Plan Rabies Lyme Disease

Portable Fire Extinguishers 29CFR1910.157 Inspection, Maintenance and Testing Hydrostatic Testing Annual Training

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

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

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

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…

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

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

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

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

Services to Employees Speakers Model programs Educational programs Seminars Lending library

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

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)

Use PESH as a resource !