N.Y. Labor Law § 27-a: Safety and health standards for public employees

§ 27-a. Safety and health standards for public employees. 1.

Definitions. As used in this section:

* a. "Employer" means the state, any political subdivision of the

state, a public authority or any other governmental agency or

instrumentality thereof.

* NB Effective until enactment of legislation by the state of New

Jersey

* a. "Employer" means the state, any political subdivision of the

state, a public authority, a bi-state authority utilizing its own police

officers or firefighters or any other governmental agency or

instrumentality thereof.

* NB Effective upon enactment of legistlation by the state of New

Jersey

b. "Employees" means persons permitted to work by an employer.

c. "Authorized employee representative" means an employee authorized

by the employees or the designated representative of an employee

organization recognized or certified to represent the employees pursuant

to article fourteen of the civil service law.

* d. "Public employee" means any employee of the state, any political

subdivision of the state, a public authority or any other governmental

agency or instrumentality.

* NB Effective until enactment of legislation by the state of New

Jersey

* d. "Public employee" means any employee of the state, any political

subdivision of the state, a public authority, a bi-state authority

utilizing its own police officers or firefighters or any other

governmental agency or instrumentality.

* NB Effective upon enactment of legislation by the state of New

Jersey

e. "System components" means life safety harness, belts, ascending

devices, carabiners, descent control devices, rope grab devices and

snap-links.

2. Application. A safety or health standard promulgated under the

provisions of this section shall apply to every public employee and the

commissioner shall have exclusive authority to enforce such standard in

accordance with the provisions of this chapter, notwithstanding any

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

or in any other general, local or special law or charter. However, this

section shall not supersede any inconsistent provision of the education

law, as applied to any school building certified by the commissioner of

education as being in compliance with such law, and the regulations

promulgated pursuant thereto, on the effective date of this section, or

as applied to any application for certification which is pending before

the effective date of this section.

3. Duties. a. Every employer shall: (1) furnish to each of its

employees, employment and a place of employment which are free from

recognized hazards that are causing or are likely to cause death or

serious physical harm to its employees and which will provide reasonable

and adequate protection to the lives, safety or health of its employees;

and (2) comply with the safety and health standards promulgated under

this section. In applying this paragraph, fundamental distinctions

between private and public employment shall be recognized.

b. Every employee shall comply with the safety and health standards

and all rules, regulations and orders issued pursuant to this section

which are applicable to his own actions and conduct.

c. The state shall promulgate a plan for the development and

enforcement of occupational safety and health standards with respect to

public employers and employees, in accordance with section eighteen (b)

of the United States Occupational Safety and Health Act of 1970 (Public

Law 91-596) which provides: "(b) Any State which, at any time, desires

to assume responsibility for development and enforcement therein of

occupational safety and health standards relating to any occupational

safety or health issue with respect to which a Federal standard has been

promulgated under section 6 shall submit a State plan for the

development of such standards and their enforcement."

4. Safety and health standards. a. The commissioner shall by rule

adopt all safety and health standards promulgated under the United

States Occupational Safety and Health Act of 1970 (Public Law, 91-596)

which are in effect on the effective date of this section, in order to

provide reasonable and adequate protection to the lives, safety and

health of public employees and shall promulgate and repeal such rules

and regulations as may be necessary to conform to the standards

established pursuant to such act or pursuant to paragraph b of this

subdivision.

b. Notwithstanding the provisions of paragraph a of this subdivision,

the commissioner, in consultation with the state occupational safety and

health hazard abatement board, shall promulgate rules and regulations

recommended to him by such board which establish standards whenever such

board finds (i) that no federal standard exists for the particular

condition being addressed and that such a standard is necessary for the

protection of the public employees at risk, or (ii) a federal standard

exists, but conditions in public workplaces in this state require a

different standard, and such state standard will be at least as

effective in providing safe and healthful places of employment as the

federal standard.

c. Except for an employer located in a city with a population of over

one million, any employer who employs a firefighter determined to be at

risk of entrapment at elevations pursuant to regulations promulgated by

the commissioner, shall provide emergency escape systems for use by such

firefighter. The commissioner shall by rule identify the codes,

standards and recommended practices of the National Fire Protection

Association and other appropriate standards approved by the commissioner

as are appropriate to the nature of the risk to which the firefighter

shall be exposed and shall, at a minimum, include in such rule language

requiring employers to (1) identify whether firefighters employed by

them would be exposed to the hazard of entrapment at elevated surfaces;

(2) identify those firefighters who would be exposed to the hazard; and

(3) determine the appropriate emergency escape systems to address the

hazard. Such emergency escape systems shall be adequate to protect the

health and safety of the firefighter. The employer shall ensure that the

firefighter is instructed in the proper use of the emergency escape

systems. As used in this subdivision, the term "entrapment at

elevations" shall mean a situation where a fire or other emergency

conditions require a firefighter inside a structure to immediately exit

the structure but where such conditions make the normal route of exit

unusable, thereby requiring the firefighter to exit the structure from

an opening that is not designed as an exit and is above the ground floor

or at an elevation above the surrounding terrain that would reasonably

be expected to cause injury to a firefighter exiting by means of this

opening without any emergency escape systems. As used in this

subdivision, the term "emergency escape system" shall mean safety ropes

and system components and any other system that (1) is compliant with

the codes, standards and recommended practices of the National Fire

Protection Association or other appropriate standard identified by the

commissioner through regulation, as a means of emergency self-rescue

from an above grade, immediately hazardous environment, (2) has been

certified by a nationally recognized safety testing and certification

organization, and (3) the commissioner has recognized through

regulation.

In order to ensure the adequacy of the emergency escape systems, the

employer must routinely inspect and ensure that:

(1) Existing emergency escape systems meet the codes, standards and

recommended practices adopted by the commissioner.

(2) Existing emergency escape systems still perform their function and

to identify any of their limitations such as but not limited to:

(i) Checking the labels or stamps on the equipment; and

(ii) Checking any documentation or equipment specifications; and

(iii) Contacting the supplier or the approval agency;

(3) Firefighters are informed of the limitations of emergency escape

systems;

(4) Firefighters are not allowed or required to use any emergency

escape systems beyond their limitations;

(5) Existing and new emergency escape systems have no visible defects

that limit their safe use;

(6) Emergency escape systems are used, cleaned, maintained and stored

according to manufacturer's instructions;

(7) The firefighter is instructed in identifying to the employer any

defects that the firefighter may find in emergency escape systems; and

(8) Any identified defects are corrected or immediate action is taken

by the employer to eliminate the use of this equipment.

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

this section may, within thirty 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.

5. Inspections. a. Any employee or representative of employees who

believes that a violation of a safety or health standard exists, or that

an imminent danger exists, may request an inspection by giving notice to

the commissioner of such violation or danger. Such notice and request

shall be in writing, shall set forth with reasonable particularity the

grounds for the notice, shall be signed by such employee or

representative of employees, and a copy shall be provided by the

commissioner to the employer or the person in charge no later than the

time of inspection, except that on the request of the person giving such

notice, his name and the names of individual employees or

representatives of employees shall be withheld. Such inspections shall

be made forthwith.

b. A representative of the employer and an authorized employee

representative shall be given the opportunity to accompany the

commissioner during an inspection for the purpose of aiding such

inspection. Where there is no authorized employee representative, the

commissioner shall consult with a reasonable number of employees

concerning matters of safety and health in the workplace.

c. The authority of the commissioner to inspect a premises pursuant to

such an employee complaint shall not be limited to the alleged violation

contained in such complaint. The commissioner may inspect any other area

of the premises in which he has reason to believe that a violation of

this section exists.

d. No employee who accompanies the commissioner on an inspection shall

suffer any reduction in wages.

e. The commissioner may, upon his own initiative, conduct an

inspection of any premises occupied by a public employer if he has

reason to believe that a violation of this section has occurred or if he

has a general administrative plan for the enforcement of this section,

including general schedule inspections, which provide a rational

administrative basis for such inspecting. Within ninety days of

enactment of this paragraph the commissioner shall publish the general

administrative plan and shall adopt regulations on the conduct of

inspections in locker rooms and other areas involving the personal

property and privacy rights of public employees.

f. Any information obtained by the commissioner under this section

shall be obtained with a minimum burden upon the employers.

5-a. Notwithstanding any other provisions of law, when a request for

an inspection has been made in a situation where there is an allegation

of an imminent danger such that an employee would be subjecting himself

or herself to serious injury or death because of the hazardous condition

in the workplace, the inspection shall be given the highest priority by

the department and shall be carried out immediately.

6. Enforcement procedures. a. If the commissioner determines that an

employer has violated a provision of this section, or a safety or health

standard or regulation promulgated under this section, he or she shall

with reasonable promptness issue to the employer an order to comply

which shall describe particularly the nature of the violation including

a reference to the provision of this section, standard, regulation or

order alleged to have been violated, shall fix a reasonable time for

compliance and may establish the penalty to be assessed for failure to

correct the violation by the time fixed for compliance. An employer who

fails to correct a non-serious violation by the time fixed for

compliance may be assessed a civil penalty of up to fifty dollars per

day until the violation is corrected. An employer who fails to correct a

serious violation by the time fixed for compliance may be assessed a

civil penalty of up to two hundred dollars per day until the violation

is corrected. Pursuant to section 18(k) of the United States

Occupational Safety and Health Act of 1970 (Public Law, 91-596), a

serious violation shall be deemed to exist in a place of employment if

there is a substantial probability that death or serious physical harm

could result from a condition which exists, or from one or more

practices, means, methods, operations, or processes which have been

adopted or are in use, in such place of employment unless the employer

did not, and could not with the exercise of reasonable diligence, know

of the presence of the violation. A non-serious violation shall be

defined as any violation that does not fall under the definition of

serious violation. The commissioner shall not assess a penalty against

an employer for failure to correct a violation of a standard which is

the subject of an application for a temporary order granting a variance

or a violation which is the subject of a petition to modify an order to

comply, provided however, that upon issuance by the commissioner of a

determination denying such variance or petition to modify, or upon

expiration of a temporary variance or modified compliance period, the

time fixed for compliance shall recommence and the employer become

liable for the penalties provided herein.

b. Where the commissioner issues to an employer an order to comply,

the employer shall post such order or a copy thereof in a conspicuous

place at or near each place of violation cited in the order, where it is

clearly visible to affected employees. The commissioner shall make such

order available to employee representatives.

c. Any employer, or other party affected by a determination of the

industrial commissioner issued pursuant to this section may petition the

industrial board of appeals for review of such determination in

accordance with section one hundred one of this chapter. Judicial review

of the decision of the industrial board of appeals may be obtained by

any party affected by such decision by commencing a proceeding pursuant

to article seventy-eight of the civil practice law and rules within

sixty days after such decision is issued.

d. If the time for compliance with an order of the commissioner issued

pursuant to this section has elapsed, and the employer has not complied

with the provisions of the order, the commissioner shall seek judicial

enforcement of such order by commencing a proceeding pursuant to article

seventy-eight of the civil practice law and rules. Where an employer has

complied with an order in all respects other than the payment of a

penalty imposed pursuant to this subdivision, the commissioner may file

with the county clerk of the county where the employer has its place of

business the order of the commissioner continuing the amount of civil

penalty found to be due. The filing of such order shall have the full

force and effect of a judgment duly docketed in the office of such

clerk. The order or decision may be enforced by and in the same manner,

and with like effect, as that prescribed by the civil practice law and

rules for the enforcement of a money judgment.

6-a. Form of complaints. The department shall establish a dedicated

webpage through which any public employee under the jurisdiction of this

section may report alleged or believed violations of any state law,

regulation, rule or guidance related to occupational health and safety

involving a communicable disease, including but not limited to the novel

coronavirus COVID-19. Such webpage shall allow individuals to report

alleged or believed violations anonymously.

7. Injunction proceedings. a. The supreme court of the state shall

have jurisdiction, upon petition of the industrial commissioner,

pursuant to the civil practice law and rules to restrain any conditions

or practices in any place of public employment which are such that a

danger exists which could reasonably be expected to cause death or

serious physical harm immediately or before the imminence of such danger

can be eliminated through the abatement procedures otherwise provided

for by this section. Such proceeding shall be brought in the county in

which the violation is alleged to exist. Any order issued under this

section may require such steps to be taken as may be necessary to avoid,

correct or remove such imminent danger and prohibit the employment or

presence of any individual in locations or under conditions where such

imminent danger exists, except individuals whose presence is necessary

to avoid, correct, or remove such imminent danger or to maintain the

capacity of a continuous process operation to resume normal operations

without a complete cessation of operations, or where a cessation of

operations is necessary, to permit such to be accomplished in a safe and

orderly manner. The employer may contest such order pursuant to the

civil practice law and rules.

b. Whenever and as soon as an inspector concludes that conditions or

practices described in paragraph a of this subdivision exist in any

place of public employment, he shall inform the affected employees and

employers of the danger and that he is recommending to the industrial

commissioner that relief be sought.

c. If the industrial commissioner fails to seek relief under this

section within forty-eight hours of being notified of such condition,

any employee who may be injured by reason of such failure, or the

authorized employee representative of such employees, may seek

injunctive relief as provided in paragraph a of this subdivision.

8. Variances. a. Any employer may apply to the commissioner for a

temporary order granting a variance from a standard or any provision

thereof promulgated under this section. Such temporary order shall be

granted only if the employer files an application which meets the

requirements of paragraph b of this subdivision and establishes that (1)

he is unable to comply with a standard by its effective date because of

unavailability of professional or technical personnel or of materials

and equipment needed to come into compliance with the standard or

because necessary construction or alteration of facilities cannot be

completed by the effective date, (2) he is taking all available steps to

safeguard employees against the hazards covered by the standard, and (3)

he has an effective program for coming into compliance with the standard

as quickly as practicable. Any temporary order issued under this

subdivision shall prescribe the practices, means, methods, operations

and processes which the employer must adopt and use while the order is

in effect and state in detail his program for coming into compliance

with the standard. Such a temporary order may be granted only after

notice to employees and an opportunity for a hearing, provided the

commissioner may issue one interim order to be effective until a

decision is made on the basis of the hearing. No temporary order may be

in effect for longer than the period needed by the employer to achieve

compliance with the standard or one year, whichever is shorter, except

that such an order may be renewed not more than twice so long as the

requirements of this subdivision are met and if an application for

renewal is filed at least ninety days prior to the expiration date of

the order. No interim renewal of an order may remain in effect longer

than one hundred and eighty days.

b. An application for a temporary variance order shall contain: (1) a

specification of the standard or portion thereof from which the employer

or owner seeks a variance; (2) a representation by the employer,

supported by representations from qualified persons who have firsthand

knowledge of the facts represented, that he is unable to comply with the

standard or portion thereof and a detailed statement of the reasons

therefor; (3) a statement of the steps he has taken and will take, with

specific dates, to protect employees against the hazard covered by the

standard; (4) a statement of when he expects to be able to comply with

the standard and what steps he has taken and what steps he will take,

with dates specified, to come into compliance with the standard; and (5)

a certification that he has informed his employees of the application by

giving a copy thereof to their authorized representative, posting a

statement giving a summary of the application and specifying where a

copy may be examined at the place or places where notices to employees

are normally posted, and by other appropriate means. A description of

how employees have been informed shall be contained in the

certification. The information to employees shall also inform them of

their right to petition the commissioner for a hearing. The commissioner

is also authorized to grant a variance from any standard or portion

thereof whenever he determines that such variance is necessary to permit

an employer to participate in an experiment approved by him designed to

demonstrate or validate new and improved techniques to safeguard the

health or safety of workers.

c. Any affected employer may apply to the commissioner for a rule or

order for a variance from a standard promulgated under this section.

Affected employees shall be given notice of each such application and an

opportunity to participate in a hearing. The commissioner shall issue

such rule or order if he determines on the record, after opportunity for

an inspection where appropriate and a hearing, that the proponent of the

variance has demonstrated by a preponderance of the evidence that the

conditions, practices, means, methods, operations or processes used or

proposed to be used by an employer will provide employment and places of

employment which are as safe and healthful as those which would prevail

if he complied with the standard. The rule or order so issued shall

prescribe the conditions the employer must maintain, and the practices,

means, methods, operations and processes which he must adopt and utilize

to the extent they differ from the standard in question. Such a rule or

order may be modified or revoked upon application by an employer, any

employee or employee representative, or by the commissioner on his own

motion, in the manner prescribed for its issuance under this subdivision

at any time after six months from its issuance.

d. Any person, who may be adversely affected by a rule or order issued

under this subdivision may challenge the validity or applicability of

such rule or order by commencing, within sixty days, a proceeding

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

9. Recordkeeping. a. In accordance with the commissioner's

regulations, each employer shall make, keep and preserve, and make

available to the commissioner such records regarding his activities

relating to this section as the commissioner deems necessary or

appropriate for developing information regarding the causes and

prevention of occupational accidents and illness. Such regulations may

include provisions requiring employers to conduct periodic inspections.

The commissioner shall also issue regulations requiring that employers,

through posting of notices, training or other appropriate means, keep

their employees informed of their protections.

b. The commissioner shall prescribe regulations requiring employers to

maintain accurate records and to make public periodic reports of

work-related deaths, and injuries and illnesses other than minor

injuries requiring only first aid treatment and which do not involve

lost time from work, medical treatment, loss of consciousness,

restriction of work or motion or transfer to another job.

c. The commissioner shall issue regulations requiring employers to

maintain accurate records of employee exposures to potentially toxic

materials or harmful physical agents which the regulation requires to be

monitored or measured. Such regulations shall provide employees or their

representatives with an opportunity to observe such monitoring or

measuring and have access to the records thereof. Such regulations shall

also make appropriate provisions for each employee or former employee to

have access to such records as will indicate his own exposure to toxic

materials or harmful physical agents. Each employer shall promptly

notify any employee who has been or is being exposed to toxic materials

or harmful physical agents in concentrations or at levels which exceed

those prescribed by any safety and health standard promulgated under

this section, and shall inform any employee who is being exposed of the

corrective action being taken and the time limit for correction.

10. Discrimination against employees. a. No person shall discharge, or

otherwise discipline, or in any manner discriminate against any employee

because such employee has filed any complaint or instituted or caused to

be instituted any proceeding under or related to this section or has

testified or is about to testify in any such proceeding, or because of

the exercise by such employee on behalf of himself or others of any

right afforded by this section.

b. Any employee who believes that he has been discharged, disciplined,

or otherwise discriminated against by any person in violation of this

subdivision may, within thirty days after such violation occurs, file a

complaint with the commissioner alleging such discrimination. Upon

receipt of such complaint, the commissioner shall cause such

investigation to be made as he deems appropriate, and shall, if

requested withhold the name of the complainant from the employer. If

upon such investigation, the commissioner determines that the provisions

of this subdivision have been violated, he shall request the attorney

general to bring an action in the supreme court against the person or

persons alleged to have violated the provisions of this subdivision. In

any such action the supreme court shall have jurisdiction, for cause

shown, to restrain violations of this subdivision and order all

appropriate relief, including rehiring or reinstatement of the employee

to his former position with all back pay.

c. Within ninety days of this receipt of a complaint filed under this

subdivision the commissioner shall notify the complainant and his

representative by registered mail of his determination.

d. Nothing in this subdivision shall be deemed to diminish the rights

of any employee under any law, rule or regulation or under any

collective bargaining agreement.

11. Wherever notice is required to be given to an authorized employee

representative under this section, notice shall be given to all

organizations representing employees at the worksite in question. Notice

should be given to the office of the employee representative as well as

to the representative at the worksite. Representatives who wish this

dual notice must inform the department of the person who is to be

notified. Such notice shall be in writing unless the inspection is being

conducted under subdivision five-a of this section.

12. The commissioner may initiate voluntary compliance programs,

including, but not limited to, a public employee consultation program to

provide on-site consultation to public employers desiring such services

as an adjunct to the commissioner's inspections pursuant to this

section. Whenever an on-site consultation is performed under this

subdivision, a report shall be issued of any findings of noncompliance

with the regulations promulgated under this section and the report shall

be made public.

13. Regulations. The commissioner may promulgate such procedural

regulations as he shall consider necessary and proper to effectuate the

purposes and provisions of this section.

14. A commission to report on the operation and effect of this section

is hereby established. a. Such commission shall examine the incidence of

work related injuries, the incidence of injuries to the public, and the

effect of this section upon insurance costs of public employers. Such

commission shall be empowered to recommend additional or corrective

legislation to advance the purposes of this section.

b. Such commission shall be composed of three members, one of whom

shall be chosen by the speaker of the assembly, one of whom shall be

chosen by the temporary president of the senate, and one of whom shall

be chosen by the governor.

c. Members of the commission shall serve without compensation, except

for expenses reasonably incurred in the discharge of their duties under

this subdivision.

d. The commission shall issue an interim report to the legislature and

the governor, which report shall be issued one year after the effective

date of this section. A final report shall be issued two years after

such effective date.

15. New York state occupational safety and health hazard abatement

board; creation and procedure. a. The New York state occupational safety

and health hazard abatement board is hereby created to have and exercise

the powers, duties and prerogatives provided by the provisions of this

subdivision.

b. The membership of the board shall consist of five persons appointed

by the governor of whom one shall be upon the recommendation of the

temporary president of the senate, one upon the recommendation of the

speaker of the assembly, and one upon the recommendation of the state

comptroller. Members shall serve at the pleasure of the governor, and

the governor may replace any member in accordance with the provisions

contained herein for the appointment of members.

The governor shall designate one of the members to serve as chairman.

The board shall act by a majority vote of its members, and a quorum to

conduct business shall consist of three members. Any determination of

the board shall be evidenced by a certification thereof executed by all

the members present and voting. Each member of the board shall be

entitled to designate a representative to attend meetings of the board

in his place, and to vote or otherwise act on his behalf in his absence.

Such representative shall not be authorized to delegate any of his

duties or functions to any other person. Notice of such designation

shall be furnished in writing to the board by the designating member. A

representative shall serve at the pleasure of the designating member

during the member's term of office.

c. No elected public officer or public employee shall be eligible for

appointment as a member of the board.

d. The members of the board and their representatives shall serve

without salary or per diem allowance but shall be entitled to

reimbursement for actual and necessary expenses incurred in the

performance of their official duties pursuant to this section, provided

however that such members and representatives are not, at the time such

expenses are incurred, public employees or public officers otherwise

entitled to such reimbursement.

e. The board shall meet at least four times a year with at least one

meeting in each calendar quarter. The chairman shall designate the days

of meeting, and shall provide each member with at least three weeks

written notice of the date of such meeting.

f. Staff services for the board shall be performed insofar as

practicable, by personnel of the department of labor. Additional

professional and technical services may be secured from other state

departments or agencies, with the consent of the head of such department

or agency.

16. New York state occupational safety and health hazard abatement

board; powers and duties. (A) a. The board created pursuant to

subdivision fifteen of this section shall have the power, and it shall

be its duty to receive, review and act upon applications for funding of

capital projects designed to abate occupational safety and health

hazards which have been found by the commissioner to violate the

provisions of this section or which have been identified in a report of

the public employee consultation program. The board shall fund

seventy-five percent of the cost of any capital abatement project

necessary to comply with an order issued by the commissioner pursuant to

the provisions of this section or with a recommendation for hazard

abatement issued by the public employee consultation program.

b. In determining the order in which applicants shall receive grants

from the fund, and the amount of such funding, the board shall consider

the following factors:

(1) the degree of possible physical harm which the hazard to be abated

could inflict on the public employees and other citizens at risk;

(2) the imminent nature of the possible infliction of harm;

(3) the number of public employees and other citizens at risk;

(B) a. The board shall have the power, and it shall be its duty to

receive, review, and act upon applications for funding for programs

designed to provide occupational safety and health training and

education for employees pursuant to the provisions of article

twenty-nine of this chapter.

b. The board shall, by the promulgation of rules and regulations,

establish procedures and criteria that are necessary and appropriate to

carry out the provisions of article twenty-nine of this chapter, which

shall include criteria for the evaluation and selection of applications

for grants and the auditing of performance thereunder.

(C) a. The board may require as part of such applications made

pursuant to the provisions of this subdivision such information as it

deems necessary and shall act upon such applications within a reasonable

time. The board shall furnish the state budget director, state

industrial commissioner, state comptroller, temporary president of the

senate and speaker of the assembly with a copy of each application

within three days following receipt thereof by the board.

b. That a employer has applied for funds pursuant to the provisions of

this subdivision shall not relieve that employer of the obligation to

correct any violation of this section by variance or other means.

(D) a. The board, in the formulation of standards pursuant to

paragraph b of subdivision four of this section, shall have the power to

conduct public hearings, administer oaths and take sworn or unsworn

testimony at such hearings. The board may, by subpoena issued by the

chair, compel the attendance of witnesses and the production of all

books, records and other evidence relative to any matter under inquiry

in the formulation of such standards.

b. The board may contract with occupational health professionals and

industrial safety engineers to provide expert assistance in the

formulation of standards pursuant to paragraph b of subdivision four of

this section.

c. The board is authorized, after public hearings, to recommend

standards to the commissioner. The board, in addition to acting on its

own initiative, shall review, consider and make recommendations

regarding requests for new standards presented to such board by public

employers, employees or authorized employee representatives.