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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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Presentation on theme: "PESH The Public Employee Safety and Health Act Article 2, Section 27a, NYS Labor Law Effective January 1, 1980."— Presentation transcript:

1 PESH The Public Employee Safety and Health Act Article 2, Section 27a, NYS Labor Law Effective January 1, 1980

2 What does PESH cover?

3 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

4 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

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

6 Hazard Communication Right to Know 29 CFR 1910.1200 Written Program Inventory Material Safety Data Sheets (MSDS) Labeling Training Exposure Record Poster

7 Respiratory Protection-1910.134 Written Respiratory Protection Program Selection Medical Evaluation Fit Testing Proper use, cleaning, disinfection, storage, inspection, repair and maintenance Breathing Air Quality Annual Training Program Evaluation

8 The Control of Hazardous Energy (LOTO) 29CFR1910.147 Safe Electrical Work Practices (1910.331- 399) Written Procedures Training Periodic Inspections

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

10 Bloodborne Pathogens- 1910.1030 Written Exposure Control Plan Exposure Determination Universal Precautions, Engineering Controls, PPE, Housekeeping Hepatitis B Vaccination/Declination Post-Exposure Evaluation and Follow-up Documentation Package for Healthcare Provider Labels and Signs Annual Training and Program Evaluation Recordkeeping

11 Other issues that may be applicable to employees: Emergency Action Plan for Fire and other emergencies Fire Prevention Plan Rabies Lyme Disease

12 Exits Electrical Housekeeping Overhead Storage Machine Guarding Welding Eye Wash (corrosives) Scaffolding

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

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

15 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

16 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

17 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

18 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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