PESH Update

PESH Public Employer Safety and Health Responsible for the protection of the 1.3 million public employees within the state of New York. Inspections and Consultations

PESH Enforcement of New York State Labor Laws and adopted OSHA Regulations in Places of Public Employment State County City Towns Villages

Jurisdiction US Department of Labor OSHA- Private Employers NYS Department of Labor PESH- Public Employers

PESH STAFF Enforcement Staff Consultation Staff Industrial Hygienists Safety Inspectors Consultation Staff Safety Consultants

Consultation Service Free Of Charge Safety or Health Compliance Assistance Exposure Monitoring Training Assistance Written Program Development ETC.

PESH Strategic Plan- Phase II Reduce Injuries by 10% over 5 years Fire and Ambulance Service October 2003-2012 Develop and Improve Training Modules HAB Awards Broaden Partnerships

Frequently Cited Items 1910.134(f)(2)- Fit test were not conducted annually 1910.156 (c)(2) – 8 hours of annual training was not received 1910.1030(h)(1)(i) – Establish Medical Records 1910.1030(g)(2)(iv) – Annual Training Was Not Given 1910.120 (q)(6)(i) – First Responders Operations Level training not received 1910.134(e)(1)- Medical evaluations were not provided to interior fire fighters

Where PESH Rules come from Regulations written by DOSH CFR adopted from OSHA Law drafted by NYS Legislators Governor’s Executive Order General Duty and Consensus Standards

Regulation written by DOSH WPV Legislation – Section 27-b Comments from unions Draft a Regulation Public Comment Phased Compliance Compliance Directive Compliance Assistance Resources

CFR adopted from OSHA Proposed CFR for Comments Effective Date PESH adopts Compliance Directive

Laws drafted by NYS Legislators Rope Rescue DOSH drafts a Regulation Upon approval, post for public comment Coordinate training plan with OFPC Effective Date Emergency Rule

Executive Order Domestic Violence Within NYS the Governor can create an executive order on

General Duty Clause Section 27-a(3) of the PESH Act requires “Every employer shall: furnish to each of its employees, employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to its employees and which will provide reasonable and adequate protection to the lives, safety and health of its employees.”

Most Common General Duty Citations TB Lime Disease Rabies

Use of National Consensus Standards CDC - 1946 OSHA,NIOSH – 1970 research, information, training and education “Incorporated or Adopted by reference” NFPA & ANSI CDC was created in 1946 and dealt with public health issues at that time malaria and mosquito abatement using DDT was the big issue The Occupational Safety and Health Act of 1970 created OSHA and NIOSH NIOSH part of the CDC and was created to help ensure safe and healthful working conditions and they do this by providing research, information training and education. OSHA is the enforcement arm. Many of the OSHA standards Incorporate by reference or Adopt either parts of or all of a specific consensus standards like NFPA and ANSI.

Common Standards for Fire Service 1910.120 – HAZMAT Emergency Response 1910.132 – Personal Protective Equipment 1910.134 – Respiratory Protection 1910.146 – Permit Required Confined Space 1910.156 – Fire Brigade 1910.1030—Bloodbourne Pathogens 1910.1200-Hazard Communication 12 NYCRR PART 800.16 Workplace Violence Prevention 12 NYCRR PART 801 Record Keeping

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

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

Respiratory Protection 29CFR1910.134 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

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

Fire Brigade 29CFR1910.156 Organizational Statement Physical Capability Training and Education Firefighting Equipment Inspections

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

Bloodborne Pathogens 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

12NYCRR Part 801 Record Keeping Report within 8 hours Death In House Hospitalization of of 2 or More SH 900 SH 900.1 SH 900.2 Posting Retention Provide records within 4 hours Bureau of Labor Statistics Posters

12 NYCRR Part 800.7 Life Safety Ropes and Systems Definitions Specifications Risk Assessment Training Employer’s Duties

Consultation Service Free Of Charge Safety or Health (Consultant names here) Compliance Assistance Exposure Monitoring Training Assistance Written Program Development ETC.