PESH

• The Public Employee Safety and Health Act

• Article 2, Section 27a, NYS Labor Law

• Effective January 1, 1980

What does PESH cover?

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

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

Personal Protective Equipment

• 29CFR1910.132

• Written Hazard Assessment (Certified)

• Written Training Certification

Hazard CommunicationRight to Know

• 29 CFR 1910.1200• Written Program• Inventory• Material Safety Data

Sheets (MSDS)• Labeling• Training• Exposure Record• Poster

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

The Control of Hazardous Energy (LOTO)

• 29CFR1910.147

• Safe Electrical Work Practices (1910.331-399)

• Written Procedures

• Training

• Periodic Inspections

Portable Fire Extinguishers

• 29CFR1910.157

• Inspection, Maintenance and Testing

• Hydrostatic Testing

• Annual Training

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

Other issues that may be applicable to employees:

• Emergency Action Plan for Fire and other emergencies

• Fire Prevention Plan

• Rabies

• Lyme Disease

• Exits• Electrical• Housekeeping• Overhead Storage• Machine Guarding• Welding• Eye Wash

(corrosives)• Scaffolding

Walk around (Cont.)

• Ladders

• Fuel Dispensing

• Stairs

• Compressed Gases

• Sanitation

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

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

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

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

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