2012 New York Consolidated Laws
LAB - Labor
Article 7 - (200 - 219-C) GENERAL PROVISIONS
200 - General duty to protect the health and safety of employees; enforcement.

 
    §  200.  General  duty  to  protect  health  and  safety of employees;
  enforcement. 1. All places to which this chapter  applies  shall  be  so
  constructed,  equipped,  arranged,  operated and conducted as to provide
  reasonable and adequate protection to the lives, health  and  safety  of
  all  persons  employed  therein or lawfully frequenting such places. All
  machinery, equipment, and devices in such places  shall  be  so  placed,
  operated,  guarded,  and  lighted  as to provide reasonable and adequate
  protection to all such persons. The board may make rules to  carry  into
  effect the provisions of this section.
    2.  If the commissioner finds that any machinery, equipment, or device
  in any place to which this chapter applies is in a dangerous  condition,
  or  finds  that any area to which this chapter applies is in a dangerous
  condition, he may attach a  notice  to  such  machinery,  equipment,  or
  device, or post a notice in such area warning all persons of the danger.
  Such  notice  shall  prohibit  the  use of such machinery, equipment, or
  device or prohibit further work in or occupancy of such area  until  the
  dangerous  condition  is  corrected  and  the  notice  is removed by the
  commissioner. Upon receipt of a written notification from  the  employer
  that  the dangerous condition has been corrected, the commissioner shall
  make a reinspection within ten working days,  and  if  the  commissioner
  finds  that  the dangerous condition has been corrected, he shall remove
  the notice. The filing with the board of a petition for a review of  the
  validity  and  reasonableness  of  the  commissioner's order pursuant to
  section one  hundred  one  of  this  chapter,  shall  not  stay  further
  proceedings;  provided,  however, that the board, in its discretion, may
  upon application of the petitioner stay further proceedings.  The  board
  shall grant or deny such application for a stay within seventy-two hours
  after the filing of the application.
    3.  Whenever a notice is attached or posted as provided in subdivision
  two of this section, the attorney general may institute a proceeding  to
  enjoin  the  use  of  such  machinery, equipment, or device or to enjoin
  further work in or occupancy of such area. Such proceeding shall not  be
  stayed  by  the  filing with the board of a petition for a review of the
  validity or reasonableness of a commissioner's order pursuant to section
  one hundred one of this chapter.
    4. In the exercise of his powers to protect the health and  safety  of
  employees  the commissioner shall, in municipalities which have accepted
  the applicability of the state building construction code,  enforce  the
  provisions  of  such  code  in  factories, mercantile establishments and
  places of public assembly with respect to:  (a)  sanitation  and  health
  facilities;  (b)  guarding  against  and  minimizing fire and industrial
  radiation hazards;  (c)  safety  of  vertical  transportation;  and  (d)
  adequacy of exits.