Public Employee Safety & Health

The Public Employee Safety and Health Bureau (PESH), created in 1980, enforces safety and health standards promulgated under the United States Occupational Safety and Health Act (OSHA) and several state standards.

The Public Employee Safety and Health (PESH) Act created this unit to give occupational safety and health protection to all public sector employees.

Public sector employers include:

• State
• County
• Town
• Village governments
• Public Authorities
• School Districts
• Paid and Volunteer Fire Departments

The Public Employee Safety and Health Bureau responds to:

• Deaths related to occupational safety and health
• Accidents that send two or more public employees to the hospital
• Complaints from public employees or their representatives

The Public Employee Safety and Health Bureau also:

• Inspects public employer work sites
• Gives technical assistance during statewide emergencies  

See Public Employee Safety & Health Frequently Asked Questions

To help prevent workplace violence in public schools, on September 6, 2023, the Governor signed legislation (S1746/A1120) amending the Workplace Violence Prevention Law (Section 27-b of Labor Law), extending coverage to elementary and secondary public education that was previously exempted. This was done by removing the exemption from the definition of “employer” in the law. The amendment of 12 NYCRR Part 800.6 has also been immediately authorized by the legislation. These changes will be effective 120 days (January 4, 2024) after becoming law.

Helpful information on the requirements of the regulation and how to comply can be found at the Workplace Violence Prevention Information page. 

For information on how to request free and confidential consultation assistance from PESH, please view the PESH Act Consultation Assistance (P206).

To help prevent heat-related fatalities and illness among New York’s public sector workers, the Public Employee Safety and Health (PESH) Bureau adopted OSHA’s Heat National Emphasis Program (NEP) on June 8, 2022.   The purpose of the NEP is to better protect workers from the hazards associated with outdoor work during heat waves, and indoor work near radiant heat sources.  Heat stress can be safely managed using time-proven measures that are simple, common sense, and low cost.  PESH has slightly altered implementation to cover appropriate public sector industries (see list below) and to allow for available resources.  Protective measures will be assessed during inspections at the covered facilities/operations, regardless of temperature conditions, to help ensure that procedures are in place before it is too late to implement them.

More information about the OSHA initiative and helpful resources can be found on the OSHA website.

Effective 3/8/2023, in an effort to protect public sector workers from fall hazards, the Public Employee Safety and Health (PESH) Bureau has adopted the OSHA Walking-Working Surfaces standards. In addition to the standards under Subpart D (29 CFR 1910.21-30), the rule also includes a new section under the general industry Personal Protective Equipment standards (29 CFR 1910.140) which establishes requirements for using personal fall protection systems. The rule incorporates advances in technology, industry best practices and national consensus standards, and allows employers to select the fall protection system that works best for them. Employers may choose from a range of accepted options including personal fall protection systems. Information on the specific standards can be found at https://www.osha.gov/laws-regs/regulations/standardnumber/1910. More information about the rule can be found at the following sources:

• https://www.osha.gov/walking-working-surfaces
• https://www.osha.gov/walking-working-surfaces/faq
• https://www.osha.gov/sites/default/files/publications/OSHA3903.pdf

The Enforcement branch conducts unannounced inspections. The staff will issue a “Notice of Violation and Order to Comply” for any safety and health hazards they find. They set an abatement period for the employers to come into compliance, which they will discuss at a closing conference. If the employer does not comply during the abatement period, a penalty can be imposed. The penalty (not to exceed $200 per calendar day) accumulates until compliance is achieved.

The Consultation branch provides free consultation surveys at the request of a public employer. The employer sets the scope of these surveys. The consultant provides a written report that identifies the hazards and recommends ways to correct each hazard. Consultants can also help to train employees and correct violations cited as a result of an enforcement inspection. All consultation activities are completely separate and kept confidential from the Enforcement Branch.

Request a Consultation

The Public Employee Safety and Health Bureau also has created strategic workgroups for identified high-hazard jobs. These groups work with employers to lower the incidence of injuries and illnesses to public employees. Workgroups include:

• Fire Service
• County Police Departments
• Long-Term Health Care

PESH can help:

• Show employers how to remove workplace hazards, which decrease work time lost by employees and cuts insurance and manpower costs.
• Provide training and tech tips for employers, help them comply with regulations and make employees safer.
• Offer safety and health expertise to answer employer questions about safety and health issues or potential hazards of current/proposed equipment or procedures.
• Help employers develop written programs required under an OSHA standard.
• Provide the Public Employee Safety and Health Bureau speakers and presentations, give employers details on new or existing standards and help educate public sector employers on ways to reduce workplace injuries and illnesses.

Law Enforcement Resource Collection

A hazard exists:  You (or your representative) have the right to file a confidential safety and health complaint and request a PESH inspection of your workplace if you believe there is a serious hazard or if you think your employer is not following safety and health standards. The complaint should be filed as soon as possible after noticing the hazard.

Retaliation or discrimination exists:  You have the right to file a confidential complaint if you believe you have been discharged, disciplined, or otherwise discriminated against for filing a safety and health complaint or taking part in a safety or health related proceeding.  The complaint should be filed with PESH within 30 days of the violation.  

Options for how to file a complaint:

• Online - Use the Online Complaint Form
• Email - Send an email (or letter attachment) describing the hazards/discrimination and location to [email protected].  Provide your contact information.
• Call us at 1-844-SAFE-NYS (1-844-723-3697)
   

Frequently Asked Questions (FAQ)

Employee Rights and Responsibilities (P906)

A public sector employer may apply for a Petition to Modify an Abatement Date (PMA). This applies if the employer is unable to comply with a violation because of unavailability of professional or technical personnel, or of materials and equipment needed to come into compliance.

To be eligible for a PMA, the employer also must prove that they have:

• Taken all available steps to protect the employees exposed to the hazard
• Started an effective program for coming into compliance as soon as possible.

Download the PMA form (SH 971) in PDF format to file a Petition to Modify an Abatement Date.

For questions or to report a fatality call us at 1-844-SAFE-NYS (1-844-723-3697).  For general inquiries or complaints you may also email: [email protected]