§ 200 — General duty to protect health and safety of employees; enforcement

New York § 200

• Jurisdiction: New York
• Law LAB: Labor
• Art. 7: General Provisions

Text

§ 200. General duty to protect health and safety of employees;\nenforcement. 1. All places to which this chapter applies shall be so\nconstructed, equipped, arranged, operated and conducted as to provide\nreasonable and adequate protection to the lives, health and safety of\nall persons employed therein or lawfully frequenting such places. All\nmachinery, equipment, and devices in such places shall be so placed,\noperated, guarded, and lighted as to provide reasonable and adequate\nprotection to all such persons. The board may make rules to carry into\neffect the provisions of this section.\n 2. If the commissioner finds that any machinery, equipment, or device\nin any place to which this chapter applies is in a dangerous condition,\nor finds that any area to which this chapter applies is in a dangerous\ncondition, he may attach a notice to such machinery, equipment, or\ndevice, or post a notice in such area warning all persons of the danger.\nSuch notice shall prohibit the use of such machinery, equipment, or\ndevice or prohibit further work in or occupancy of such area until the\ndangerous condition is corrected and the notice is removed by the\ncommissioner. Upon receipt of a written notification from the employer\nthat the dangerous condition has been corrected, the commissioner shall\nmake a reinspection within ten working days, and if the commissioner\nfinds that the dangerous condition has been corrected, he shall remove\nthe notice. The filing with the board of a petition for a review of the\nvalidity and reasonableness of the commissioner's order pursuant to\nsection one hundred one of this chapter, shall not stay further\nproceedings; provided, however, that the board, in its discretion, may\nupon application of the petitioner stay further proceedings. The board\nshall grant or deny such application for a stay within seventy-two hours\nafter the filing of the application.\n 3. Whenever a notice is attached or posted as provided in subdivision\ntwo of this section, the attorney general may institute a proceeding to\nenjoin the use of such machinery, equipment, or device or to enjoin\nfurther work in or occupancy of such area. Such proceeding shall not be\nstayed by the filing with the board of a petition for a review of the\nvalidity or reasonableness of a commissioner's order pursuant to section\none hundred one of this chapter.\n 4. In the exercise of his powers to protect the health and safety of\nemployees the commissioner shall, in municipalities which have accepted\nthe applicability of the state building construction code, enforce the\nprovisions of such code in factories, mercantile establishments and\nplaces of public assembly with respect to: (a) sanitation and health\nfacilities; (b) guarding against and minimizing fire and industrial\nradiation hazards; (c) safety of vertical transportation; and (d)\nadequacy of exits.\n