Public Employees' Safety and Health Act

Policy Information
Policy TitlePublic Employees' Safety and Health Act
Responsible OfficeEnvironmental Health and Safety (EH&S)
Policy TypeEnvironmental Health
Policy Number1000
Last Revision Date10/24/2023

New York State Labor Law, Article 2, section 27a, known as the Public Employees' Safety and Health Act of 1980, requires safety and health standard coverage for all public employees at the State and local level. The Act provides that the same safety and health standards that apply to workers in the private sector (OSHA standards) will be applied to employees in the public sector.

Employer Responsibilities

Under the Act, Binghamton University is required to furnish its employees a job and work place which is free from recognized hazards; to provide responsible and adequate protection to lives, safety or health of its employees; and to comply with the safety and health standards (OSHA Standards) promulgated by the Labor Commissioner under the Act.

Safety and Health Standards

The law requires the Commissioner to adopt all safety and health standards promulgated under the United States Occupational Safety and Health Act of 1970 (Public Law, 91-596).

Inspections

The Labor Commissioner has been given exclusive authority to enforce the safety and health standards promulgated under the Act. The Commissioner is authorized to order the inspection of premises in which he has reason to believe that a violation of the standards exists. Inspections can result from a complaint, an accident or as part of a regularly scheduled inspection program.

The Department of Environmental Health and Safety may audit compliance with applicable sections of OSHA standards and report any incidence of non-compliance to appropriate supervisors. It is the policy of the University to comply with all safety and health standards whenever feasible to do so (see Management Procedure #1019 Environmental Health and Safety Policy).

Consultation

The Department of Environmental Health and Safety staff includes experienced safety and health consultants. These persons are available upon request to any department seeking guidance on safety and health matters. The consultant will review the department's compliance with applicable sections of OSHA standards and may issue a report of their findings to the department head requesting the consultation.