The New York State Public Employee Safety and Health Act (PESH) and the Toxic Substances Act (Right-to-Know Law) guarantee workers in New York State's public sector protections from job-related injuries and illnesses that are almost exactly the same as those that private sector employees have under the federal Occupational Safety and Health Act.

HOW IS PESH DIFFERENT FROM OSHA?

As a public employee, you, or your union, can file a written complaint with the nearest Division of Safety and Health (DOSH) <**LINK** to How to File a PESH Complaint page> office requesting an inspection if you believe there are unsafe or unhealthy conditions in your workplace. The complaint must describe the grounds for concern. Although it must be signed, you may request that your name be withheld from your employer.

If you believe you are exposed to imminent danger (that is, a hazard which may cause immediate serious injury, illness, or death), you can file a complaint by phone with the nearest DOSH office. However, the telephone complaint must be followed up by a written complaint after the inspection has begun.

Inspections can result from a complaint or from an accident or as part of a regularly scheduled program inspection. An authorized representative of the employee as well as the employer can accompany the inspector during the walkaround. Employees must get regular pay while doing so.

If a Department of Labor inspector believes that a violation has been found, a citation will be issued. This "notice of violation and order to comply" specifies the nature of the violation, indicates which standard was violated, and establishes a set period of time for compliance. The citation must be prominently displayed by the employer at or near the place(s) of the violation to warn employees of dangers that may exist.

An inspector who ses a situation during an inspection wbich can reasonably be believed to present imminent danger of serious physicial harm or death to an employee is obligated to notify the employer. The employee is also obligated to notify the employer and the employees and to request immediate corrective action. This is known as "red-tagging" a hazard. If the employer complies, no additional legal proceedings are required. If the employer fails to comply, the inspector must alert the state Industrial Commissioner, who is required to seed injunctive relief within 48 hours. Should this fail to happen, any affected person, such as an exposed worker, may go to court and file for an injunction.

The Public Employee Safety and Health Act does not grant employees the right to refuse work they believe to be dangerous or hazardous. However, if the State Supreme Court grants an injunction against the employer, based upon an inspector's findings that there is an imminent danger to health or safety, an employee may refuse to work. If an inspector has "red-tagged" a piece of equipment, a work area, or an entire facility, an employee may refuse to work under those specific conditions.

No employer may discharge or otherwise discipline or discriminate against employees who have filed a complaint or otherwise exercised their rights under the PESH Act. If you believe you are the victim of such discrimination, you or your union can file a complaint with the state Industrial Commissioner within 30 days. The Commissioner is required to investigate, and you may request that your name be withheld during the investigation. If the Commissioner decides there has been discrimination, the matter is referred to the Attorney General for prosecution.

Every employer must maintain a log and summary of all workplace deaths, injuries, and illnesses involving lost time, loss of consciousness, medical treatment other than first aid, or job transfer. This log is called the DOSH-900 form. Each year for the entire month of February, a summary of this form containing information on total injuries, illnesses, and deaths for the year must be posted in a conspicuous place in the worksite, e.g., near the union bulletin board. At any time of the year, any employee or union representative may review the entire log and make copies of the summary.

For more detailed information on PESH, contact NYCOSH or your union.