NYS PESH {PUBLIC EMPLOYEE SAFETY AND HEALTH}
NYS PESH
PESH- The Public Employee Safety and Health Bureau (PESH), created in 1980, enforces safety and health standards promulgated under the United States Occupational Safety and Health Act (OSHA) and several state standards. The PESH Act created this unit to give occupational safety and health protection to all public sector employees. Public sector employers include: •State •County •Town •Village governments •Public Authorities •School Districts •Paid and Volunteer Fire Departments PESH responds to: •Deaths related to occupational safety and health •Accidents that send many public employees to the hospital •Complaints from public employees or their representatives PESH also: •Inspects public employer work sites •Gives technical assistance during statewide emergencies.
PESH Services -The Enforcement branch conducts unannounced inspections. The staff will issue a “Notice of Violation and Order to Comply” for any safety and health hazards they find. They set an abatement period for the employers to come into compliance, which they will discuss at a closing conference. If the employer does not comply during the abatement period, they can impose a penalty. The penalty (not to exceed $200 per calendar day) accumulates until compliance is achieved. The Consultation branch provides free consultation surveys at the request of a public employer. The employer sets the scope of these surveys. They provide a written report that identifies the hazards and recommends ways to correct each hazard. They also offer consultants to help train employees and correct violations cited as a result of an enforcement inspection. All consultation activities are completely separate and kept confidential from the Enforcement Branch.
PESH also has implemented strategic work groups for identified super hazardous jobs. These groups work with employers to lower the incidence of injuries and illnesses to public employees. Work groups include: •Fire service •County Police Departments •Long term health care
How PESH can help you -They show employers how to remove workplace hazards, which decrease work time lost by employees and cuts insurance and manpower costs. • Their training and tech tips for employers help them comply with regulations and make employees safer. • Their safety and health expertise offers answers to employer questions about safety and health issues or potential hazards of current/proposed equipment or procedures. • They help employers develop written programs required under an OSHA standard. • PESH speakers and presentations give employers details on new or existing standards and help educate public sector employers on ways to reduce workplace injuries and illnesses.
Complaint Forms -New York State or local government employees or their official representatives may file a complaint with the Public Employee Safety and Health Bureau if they believe a violation of a safety or health standard exists at their worksite. Fill out form (PESH 7) in PDF format to file a complaint.
Mail or fax the completed and signed form to the nearest PESH district office. Petition to Modify an Abatement Date A public sector employer may apply for a Petition to Modify an Abatement Date. This applies if the employer is unable to comply with a violation because of unavailability of professional or technical personnel, or of materials and equipment needed to come into compliance. The employer also must prove that they have: •Taken all available steps to protect the employees exposed to the hazard •Started an effective program for coming into compliance as soon as possible. Fill out form (SH 971) in PDF format to file a Petition to Modify an Abatement Date.
Employee Injury and Illness Recordkeeping Information and Forms: •Log of Work-Related Injuries and Illnesses: SH900 •The Annual Summary: SH 900.1 •Recordkeeping rule: Part 801 •Instructions for Recording and Reporting Public Employees' Occupational Injuries and Illnesses: SH901 •Injury and Illness Incident Report: SH900.2 Health Protection poster must conspicuously posted in your workplace.
Frequently Asked Questions on PESH Requirements PESH Field Operation Manual (FOM) now available: The Field Operation Manual is used by the PESH Program.
For any questions or interpretations of its contents, call PESH at 518-457-5508. Permissible Exposure Limits (PELs) Reference Material for Inspections Right to Know poster How to Contact Us: Write or call the local District office for the county where you work.
New York City District Office One Hudson Square, 75 Varick Street (7th Floor), New York, NY 10013 Tel. 212-775-3554 FAX 212-775-3542 Counties Served: Bronx, Kings, New York, Queens and Richmond Rochester "Workplace Safety Begins with You!"
Keep copies of all documents for your records.