2016 New York Laws
LAB - Labor
Article 2 - (Labor) THE DEPARTMENT OF LABOR
27 - Safety and health standards.

  27.  Safety  and health standards. 1. Application.  Notwithstanding
  any other provision  in  this  chapter,  a  safety  or  health  standard
  promulgated under this section shall apply only to employees not covered
  by  a  federal  occupational safety or health standard promulgated under
  section six of the United States Occupational Safety and Health  Act  of
  1970   (Public   Law,  91-596).  Provided,  however,  that  no  standard
  promulgated under this section shall apply to employees  of  the  state,
  its  political  subdivisions  and  of  any  other governmental agency or
  instrumentality, to whom  section  twenty-seven-a  of  this  chapter  is
  applicable.
2. Standards. a. The commissioner shall by rule adopt, amend or repeal
  safety  and  health  standards  which  provide  reasonable  and adequate
  protection to the lives, safety or health of employees  and  of  persons
  lawfully frequenting a place of employment.
b. The commissioner may require licenses as a condition of carrying on
  any  industry, trade, occupation or process which the commissioner finds
  contains special elements of danger to the lives, safety  or  health  of
  employees  to  whom  this  section  is applicable or of persons lawfully
  frequenting the place of employment of such employees. The  commissioner
  may  establish  a  schedule  of  fees for such licenses, require medical
  inspection and supervision of persons so employed or applying  for  such
  employment, and may prescribe other appropriate requirements.
c. Any person who may be adversely affected by a standard issued under
  this  section may at any time within sixty days after the effective date
  of such standard, commence a proceeding for judicial review pursuant  to
  article seventy-eight of the civil practice law and rules.
d.  The  safety  and  health  standards promulgated under this section
  shall for all purposes have the full force and effect of law  and  shall
  be enforced in the same manner as the provisions of this article.
e.  Any  provision  of  this chapter and any rule or regulation issued
  under the provisions of this chapter relating to the protection  of  the
  safety  or health of employees to whom this section is applicable and of
  persons lawfully frequenting the place of  employment  of  such  persons
  which  is in effect on the date that this act becomes effective shall be
  deemed to be a safety and health standard  issued  under  this  section,
  with  all  provisions  of this article applicable, and shall continue in
  effect until superseded by a corresponding safety  and  health  standard
  issued on or after the effective date of this act.
f.  The provisions of this section shall supersede any other provision
  of this chapter which is inconsistent or in conflict therewith.
3. Regulations. The commissioner may promulgate such regulations as he
  shall consider necessary and  proper  to  effectuate  the  purposes  and
  provisions of this section.