PESH The Public Employee Safety and Health Act

PESH • The Public Employee Safety and Health Act • Article 2, Section 27 a, 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 • 29 CFR 1910. 132 • Written Hazard Assessment (Certified) • Written Training Certification

Hazard Communication Right 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) • 29 CFR 1910. 147 • Safe Electrical Work Practices (1910. 331399) • Written Procedures • Training • Periodic Inspections

Portable Fire Extinguishers • • 29 CFR 1910. 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