N.Y. Labor Law § 200: General duty to protect health and safety of employees; enforcement

§ 200. General duty to protect health and safety of employees;

enforcement. 1. All places to which this chapter applies shall be so

constructed, equipped, arranged, operated and conducted as to provide

reasonable and adequate protection to the lives, health and safety of

all persons employed therein or lawfully frequenting such places. All

machinery, equipment, and devices in such places shall be so placed,

operated, guarded, and lighted as to provide reasonable and adequate

protection to all such persons. The board may make rules to carry into

effect the provisions of this section.

2. If the commissioner finds that any machinery, equipment, or device

in any place to which this chapter applies is in a dangerous condition,

or finds that any area to which this chapter applies is in a dangerous

condition, he may attach a notice to such machinery, equipment, or

device, or post a notice in such area warning all persons of the danger.

Such notice shall prohibit the use of such machinery, equipment, or

device or prohibit further work in or occupancy of such area until the

dangerous condition is corrected and the notice is removed by the

commissioner. Upon receipt of a written notification from the employer

that the dangerous condition has been corrected, the commissioner shall

make a reinspection within ten working days, and if the commissioner

finds that the dangerous condition has been corrected, he shall remove

the notice. The filing with the board of a petition for a review of the

validity and reasonableness of the commissioner's order pursuant to

section one hundred one of this chapter, shall not stay further

proceedings; provided, however, that the board, in its discretion, may

upon application of the petitioner stay further proceedings. The board

shall grant or deny such application for a stay within seventy-two hours

after the filing of the application.

3. Whenever a notice is attached or posted as provided in subdivision

two of this section, the attorney general may institute a proceeding to

enjoin the use of such machinery, equipment, or device or to enjoin

further work in or occupancy of such area. Such proceeding shall not be

stayed by the filing with the board of a petition for a review of the

validity or reasonableness of a commissioner's order pursuant to section

one hundred one of this chapter.

4. In the exercise of his powers to protect the health and safety of

employees the commissioner shall, in municipalities which have accepted

the applicability of the state building construction code, enforce the

provisions of such code in factories, mercantile establishments and

places of public assembly with respect to: (a) sanitation and health

facilities; (b) guarding against and minimizing fire and industrial

radiation hazards; (c) safety of vertical transportation; and (d)

adequacy of exits.