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1-800-HIRE–992 New Yor k Workforce Put us to work for you NYS Department of Labor R Public Employee Safety and Health George E. Pataki, Governor Linda Angello, Commissioner P 206 (4/04) www.labor.state.ny.us Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals with disabilities. Consultation Assistance Funding Assistance Available Under the provisions of the PESH Act, the New York State Occupational Safety and Health Hazard Abatement Board is empowered to help alleviate the cost of capital projects designed to abate occupational safety and health hazards identified in a PESH consultation report. Public Employers, except for State agencies and public authorities created by the State, may apply for 75 percent reimbursement under this program. Further information may be obtained by writing to the Secretary to the Hazard Abatement Board, New York State Department of Labor, Building 12, State Office Campus, Albany, NY 12240. The Board may also be reached by phone at (518) 457-7629. How to Receive Assistance: If you would like consultative assistance from the Public Employee Safety and Health Bureau’s team of safety and health professionals, simply telephone or write to the nearest district office listed on the back cover. For additional information, contact the nearest PESH District Office: Albany State Office Building Campus Albany, NY 12240 (518) 457-5508 Binghamton 44 Hawley Street Binghamton, NY 13901 (607) 721-8211 Buffalo 65 Court Street Buffalo, NY 14202 (716) 847-7133 Garden City 400 Oak Street Garden City, NY 11530 (516) 228-3970 New York City Mail Stop 7F PO Box 683 New York, NY 10014 (212) 352-6116 Rochester 109 South Union Street Rochester, NY 14607 (585) 258-4570 Syracuse 450 South Salina Street Syracuse, NY 13202 (315) 479-3212 Utica 207 Genesee Street Utica, NY 13501 (315) 793-2258 White Plains 120 Bloomingdale Road White Plains, NY 10605 (914) 997-9514 ---PAGE BREAK--- Consultation Program Consultation Program PESH PESH Public Employee Safety and Health In 1980, New York enacted the Public Employee Safety and Health Act, which stated that public employers have the duty to “furnish to each of its employees, employment and a place of employ- ment which are free from recognized hazards that are causing or are likely to cause death or serious physi- cal harm to its employees and which will provide reasonable and adequate protection to the lives, safety or health of its employees…” The Department of Labor’s Public Employee Safety and Health (PESH) Bureau was established to promote the state policy that public employees should have as safe a working environment as is cur- rently required for their counterparts in the private sector. To help achieve this goal, the bureau has two separate programs; inspection and consultation. The Consultation Program is staffed by experienced Safety and Health Inspectors and Industrial Hygienists. Public employers who want help in identifying and correcting safety and health hazards can get it from the free consultation service provided by the PESH Bureau. This service is partly funded by the federal Occupational Safety and Health Administration. Besides helping employers to identify and correct specific hazards, consultants provide guidance in establishing or improving an effective safety and health program. They also offer training and education for the employer, the employer’s supervisors and employees. How the Program Works · There is no charge for assistance. The program is funded by the NYS Department of Labor and OSHA. · The Consultation Program is completely separate from the inspection effort. After the visit, the con- sultant does not issue orders but makes recom- mendations to address any hazards found. · The assistance is voluntary. The employer must request assistance. Additionally, the employer determines the scope and extent of the safety and health services provided. · Your only obligation is to correct all serious safety and health hazards in a timely manner. You make this commitment before the consultant’s visit. · Time extensions may be granted where war- ranted, but outright failure to correct a serious hazard will result in a referral for enforcement. We strive to minimize such referrals. However, we must recognize both our implied obligation to those employers who have fulfilled their commit- ment and our legal obligation to report on-going, uncorrected serious hazards. · During the work-site survey, the consultant will talk to employees to help identify and judge the nature and extent of specific hazards. · In rare instances, the consultant may find an imminent danger situation during the walk through. In such situations, an employer must take immediate action to protect all affected workers. · If the consultant finds a hazard that is consid- ered to be a “serious violation” under PESH criteria, he or she will work with you to develop a mutually acceptable plan and schedule to eliminate or control that hazard. During this time, PESH encourages you to advise all affected employees of the hazards and to notify them when the hazards are corrected. Consultants offer general approaches and options as well as technical assistance on the correction of hazards, when they have the expertise. As necessary, consultants will recommend other sources for specialized technical help. · After a closing conference, the consultant will send you a written report that explains the findings and confirms any correction periods agreed upon. The report will include suggested means or approaches for eliminating or controlling any hazards identified. · The consultant will assist you in eliminating the serious hazards identified. You will be expected to follow up and respond to the consultant with the corrective actions taken. · The consultant also may offer suggestions for establishing, modifying, or adding to the organization’s safety and health program to make such programs more effective. Such suggestions could include worker training, changing work practices, and various methods for promoting safety and health.