§ 27 — Safety and health standards

§ 27. Safety and health standards. 1. Application. Notwithstanding\nany other provision in this chapter, a safety or health standard\npromulgated under this section shall apply only to employees not covered\nby a federal occupational safety or health standard promulgated under\nsection six of the United States Occupational Safety and Health Act of\n1970 (Public Law, 91-596). Provided, however, that no standard\npromulgated under this section shall apply to employees of the state,\nits political subdivisions and of any other governmental agency or\ninstrumentality, to whom section twenty-seven-a of this chapter is\napplicable.\n 2. Standards. a. The commissioner shall by rule adopt, amend or repeal\nsafety and health standards which provide reasonable and adequate\nprotection to the lives, safety or health of employees and of persons\nlawfully frequenting a place of employment.\n b. The commissioner may require licenses as a condition of carrying on\nany industry, trade, occupation or process which the commissioner finds\ncontains special elements of danger to the lives, safety or health of\nemployees to whom this section is applicable or of persons lawfully\nfrequenting the place of employment of such employees. The commissioner\nmay establish a schedule of fees for such licenses, require medical\ninspection and supervision of persons so employed or applying for such\nemployment, and may prescribe other appropriate requirements.\n c. Any person who may be adversely affected by a standard issued under\nthis section may at any time within sixty days after the effective date\nof such standard, commence a proceeding for judicial review pursuant to\narticle seventy-eight of the civil practice law and rules.\n d. The safety and health standards promulgated under this section\nshall for all purposes have the full force and effect of law and shall\nbe enforced in the same manner as the provisions of this article.\n e. Any provision of this chapter and any rule or regulation issued\nunder the provisions of this chapter relating to the protection of the\nsafety or health of employees to whom this section is applicable and of\npersons lawfully frequenting the place of employment of such persons\nwhich is in effect on the date that this act becomes effective shall be\ndeemed to be a safety and health standard issued under this section,\nwith all provisions of this article applicable, and shall continue in\neffect until superseded by a corresponding safety and health standard\nissued on or after the effective date of this act.\n f. The provisions of this section shall supersede any other provision\nof this chapter which is inconsistent or in conflict therewith.\n 3. Regulations. The commissioner may promulgate such regulations as he\nshall consider necessary and proper to effectuate the purposes and\nprovisions of this section.\n