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:
- 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
In an effort to protect public sector healthcare workers from contracting coronavirus, the Public Employee Safety and Health (PESH) Bureau has adopted the OSHA Emergency Temporary Standard (ETS) for Healthcare on October 21, 2021 for public employers in New York State. The ETS will remain in effect for 90 days until January 18, 2022, at which time it may be extended if appropriate. The healthcare ETS establishes new requirements for settings where employees provide healthcare or healthcare support services, including skilled nursing homes and home healthcare, with some exemptions for healthcare providers who screen out patients who may have COVID-19. More information about the rule and ways to implement it can be found at the COVID-19 Healthcare ETS website.
Effective 6/21/2021, OSHA has issued an Emergency Temporary Standard (ETS) to address the danger COVID-19 poises to public healthcare workers. Under the ETS, employers must follow requirements such as screening patients, cleaning and disinfecting surfaces, installing physical barriers, and more. The goal is to protect workers facing the highest COVID-19 hazards.
For more information, visit the COVID-19 Healthcare ETS website.
Services - PESH Can Help
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.
P206 Consultation Assistance Fact Sheet
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.
File a Complaint
New York State or local government employees or their official representatives may file a complaint with the Public Employee Safety and Health Bureau if they believe a violation of a safety or health standard exists at their worksite. Download the form (PESH 7) in PDF format to file a complaint. Mail or fax the completed and signed form to the nearest Public Employee Safety and Health Bureau district office.
Use this form to file a complaint with the New York State Department of Labor Public Employee Safety and Health Bureau.
Petition to Modify an Abatement Date
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.
Employee Injury and Illness Recordkeeping
Information and Forms (these must be kept for three years):
Log of Work Related Injuries and Illnesses Form
Job Safety & Health Protection
Same as federal requirement.
Public employers must post "You have a right to know!"
The Field Operation Manual is used by the PESH Program. For any questions or interpretations of its contents, call Public Employee Safety & Health at 518-457-5508.
How to Contact Us
Write or call the local District Office for the county where you work. Or you may use the Division of Safety & Health Regional Office Directory page to locate the Division of Safety & Health office in your area.
|District Office||Address||Counties Served|
|Albany||State Office Campus, Building 12, Room 158, Albany, NY 12226
|Albany, Clinton, Columbia, Dutchess, Essex, Greene, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, and Washington|
|Binghamton||44 Hawley Street, 9th Floor, Binghamton, NY 13901-4409
|Allegany, Broome, Chemung, Chenango, Delaware, Otsego, Schuyler, Steuben, Sullivan, Tioga, and Tompkins|
|Buffalo||290 Main Street, Mezzanine, Buffalo, NY 14202
|Cattaraugus, Chautauqua, Erie, and Niagara|
|Garden City||400 Oak Street, Suite 102, Garden City, NY 11530
|Nassau and Suffolk|
|New York City||One Hudson Square, 75 Varick Street (7th Floor), New York, NY 10013
|Bronx, Kings, New York, Queens, and Richmond|
|Rochester||109 South Union Street, Room 402, Rochester, NY 14607
Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Wyoming, and Yates
|Syracuse||450 South Salina Street, Room 202, Syracuse, NY 13202
|Cayuga, Cortland, Jefferson, Onondaga, Oswego, and Seneca|
|Utica||207 Genesee Street, Room 703A, Utica, NY 13501
Franklin, Fulton, Hamilton, Herkimer, Lewis, Madison, Montgomery, Oneida, and St. Lawrence
|White Plains||120 Bloomingdale Road, Room 250, White Plains, NY 10605
|Orange, Putnam, Rockland, and Westchester|