N.Y. Labor Law § 27: Safety and health standards

§ 27. Safety and health standards. 1. Application. Notwithstanding

any other provision in this chapter, a safety or health standard

promulgated under this section shall apply only to employees not covered

by a federal occupational safety or health standard promulgated under

section six of the United States Occupational Safety and Health Act of

1970 (Public Law, 91-596). Provided, however, that no standard

promulgated under this section shall apply to employees of the state,

its political subdivisions and of any other governmental agency or

instrumentality, to whom section twenty-seven-a of this chapter is

applicable.

2. Standards. a. The commissioner shall by rule adopt, amend or repeal

safety and health standards which provide reasonable and adequate

protection to the lives, safety or health of employees and of persons

lawfully frequenting a place of employment.

b. The commissioner may require licenses as a condition of carrying on

any industry, trade, occupation or process which the commissioner finds

contains special elements of danger to the lives, safety or health of

employees to whom this section is applicable or of persons lawfully

frequenting the place of employment of such employees. The commissioner

may establish a schedule of fees for such licenses, require medical

inspection and supervision of persons so employed or applying for such

employment, and may prescribe other appropriate requirements.

c. Any person who may be adversely affected by a standard issued under

this section may at any time within sixty days after the effective date

of such standard, commence a proceeding for judicial review pursuant to

article seventy-eight of the civil practice law and rules.

d. The safety and health standards promulgated under this section

shall for all purposes have the full force and effect of law and shall

be enforced in the same manner as the provisions of this article.

e. Any provision of this chapter and any rule or regulation issued

under the provisions of this chapter relating to the protection of the

safety or health of employees to whom this section is applicable and of

persons lawfully frequenting the place of employment of such persons

which is in effect on the date that this act becomes effective shall be

deemed to be a safety and health standard issued under this section,

with all provisions of this article applicable, and shall continue in

effect until superseded by a corresponding safety and health standard

issued on or after the effective date of this act.

f. The provisions of this section shall supersede any other provision

of this chapter which is inconsistent or in conflict therewith.

3. Regulations. The commissioner may promulgate such regulations as he

shall consider necessary and proper to effectuate the purposes and

provisions of this section.