2012 New York Consolidated Laws
LAB - Labor
Article 2 - (10 - 43) THE DEPARTMENT OF LABOR
21 - General powers and duties of commissioner.


NY Lab L § 21 (2012) What's This?
 
    §  21.  General  powers  and  duties of commissioner. The commissioner
  shall be the administrative head  of  the  department  and  shall  have,
  notwithstanding   any   provision   of  law  to  the  contrary,  general
  administrative  supervision  over   the   several   divisions,   boards,
  commissions, bureaus, and agencies thereof whether established under the
  provisions  of  this  chapter  or  the workmen's compensation law and in
  connection therewith, the commissioner:
    1. Shall enforce all the provisions of this chapter and may issue such
  orders as he finds necessary directing compliance with any provision  of
  this chapter, except as in this chapter otherwise provided;
    2. Shall cause proper inspections to be made of all matters prescribed
  by this chapter;
    3.  Shall cause investigations to be made of the condition of women in
  industry;
    * 3-a. Shall  prepare  and  submit  to  the  governor,  the  temporary
  president of the senate and the speaker of the assembly on or before the
  thirtieth  day  of  September  an  annual  report on the status of older
  workers including those over the age of sixty-five in  New  York  state.
  Such  report shall describe in detail the employment needs of such older
  workers and the ability of existing state employment  services  to  deal
  with  the  problems of older workers. The report shall consider the need
  for affirmative action, training, counseling, development of alternative
  work schedules, job development activities within the public and private
  sector, and the need for improved  use  by  older  workers  of  publicly
  funded  programs  for  employment  and  employment-related services. The
  report shall also consider the economic  impact  of  unemployment  among
  older   workers   and   shall  contain  recommendations,  including  the
  associated costs, for improved programs or for changes  in  statutes  or
  regulations  to  provide  increased  employment  opportunities for older
  workers.
    * NB Expired October 1, 1981
    4. Shall inquire into  and  report  on  the  causes  of  all  strikes,
  lockouts  and  other industrial controversies or labor disputes, and may
  appoint boards of inquiry for that purpose;
    5. Shall institute methods and procedures for the establishment  of  a
  program  for  voluntary  compliance  by employers and employees with the
  requirements of this act and all applicable safety and health  standards
  and  rules and regulations promulgated pursuant to the authority of this
  article;
    6. Shall provide a method of encouraging employers  and  employees  in
  their  efforts to reduce the number of safety and health hazards arising
  from undesirable, inappropriate, or unnecessary  working  conditions  at
  the  workplace  and  of stimulating employers and employees to institute
  new and to perfect existing programs for providing  safe  and  healthful
  working conditions;
    7.  May  provide  for  the  establishment  and  maintenance  of public
  employment offices for the purpose of securing employment for men, women
  and children;
    8.  May  make  investigations,   collect   and   compile   statistical
  information  and  report upon the conditions of labor generally and upon
  all matters relating to the enforcement and effect of the provisions  of
  this chapter and of the rules thereunder;
    9.  May  enforce  any lawful municipal ordinance, by-law or regulation
  relating to any place affected by the provisions of this chapter, not in
  conflict with provisions of this chapter;
    10.  May  investigate  the  condition  of  aliens  relative  to  their
  employment in industry;

    11. May issue such regulations governing any provision of this chapter
  as he finds necessary and proper.
    12.  Shall  compile  and  publish,  on  an annual basis, a list of all
  regulations and notices required to  be  posted  by  employers  for  the
  benefit  of  their  employees  pursuant  to  this  chapter, the workers'
  compensation law and any other state or federal law, rule or regulation.
    13.  Shall  adopt  regulations   prescribing   the   methodology   for
  establishing  an  ongoing  monthly  statewide cost of labor index and an
  annual county or appropriate multi-county labor  market  composite  wage
  rate,  in  consultation  with  the  commissioner  of  education, for the
  purpose of computation of building aid to school districts, as  required
  by  subparagraph  one  of  paragraph  a  of  subdivision  six of section
  thirty-six hundred two of the education law.

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