OSHA New York Certification
OSHA standards are already very complex. So, when you add in additional New York state requirements, it’s even more complicated. That’s why we are clearing things up. We are going to review New York safety training requirements, OSHA’s recommendations for training, and how you can easily get the training you need. You’ll also find more safety resources, as well as statistics relating to workplace accidents and injuries.
Occupational Safety and Health Jurisdiction in New York
New York is one of 26 states (and 2 U.S. territories) to have an official state plan. The New York Public Employee Safety and Health Act (PESH Act) extends health and safety regulations to all public sector employees. That includes anyone employed by the state, county, town, or village government, as well as all public authorities, school districts, and fire departments (paid and volunteer).
PESH generally adopted all OSHA standards that are applicable to public employment, but it has its own reporting and recordkeeping procedures (12 NYCRR Part 801). It also has state-initiated standards like:
- Workplace Violence Prevention (12 NYCRR Part 800.6)
- Emergency Escape and Self-Rescue Ropes and System Components for Firefighters (12 NYCRR Part 800.7), which is only applicable in cities below one million residents
- Permissible Exposure Limits (12 NYCRR Part 800.5)
- Right-to-Know / Toxic Substances Information, Training, and Education (12 NYCRR Part 820)
Enforcement is handled by the Public Employee Safety and Health (PESH) Bureau in the Division of Safety and Health (DOSH) under the New York Department of Labor. PESH handles complaints, inspections, penalties, and consultations. Any appeals to their decisions go through the New York Industrial Board of Appeals.
Since New York's state plan doesn't cover the private sector, that's still under federal OSHA's jurisdiction. Federal government workers also remain under federal OSHA, including the U.S. Postal Service and any civilian employees that work on military bases.
OSHA New York Training Requirements
New York's state plan means there are two separate enforcement agencies for workers in the state, as well as two sets of recordkeeping rules for employers. But the requirements for training will be similar for everyone.
Public employees may need additional training for PESH-only regulations—for example, New York's Workplace Violence Prevention standard requires training that federal regulations don't. Any training on reporting and record-keeping must be specific to PESH regulations, instead of OSHA's. But public employees will also need any training required by OSHA standards PESH adopted identically.
OSHA provides a list of safety standards that require training—the topics you need vary by job function. OSHA also has Outreach courses (often called "DOL cards") that provide an orientation to safety and cover common requirements for your industry.
OSHA New York doesn't require Outreach training, but some employers make it mandatory. OSHA 10-Hour training is designed for entry-level workers, while OSHA 30-Hour is designed for supervisors.
If you're a construction worker in New York, there are circumstances where you're required by law to take OSHA Outreach training. The two laws that impact you are explained below.
New York City Safety Training Requirements (Local Law 196)
If you perform construction work in New York City on a job site that requires a Site Safety Plan, you're subject to Local Law 196.
By December 1, 2019, the New York Department of Buildings (DOB) requires all non-supervisory construction workers to have either a Limited Site Safety Training (SST) card OR an OSHA 30 card for these projects. After September 1, 2020, non-supervisory workers will need an additional 10 hours.
Supervisors, on the other hand, require 62 hours of training.
The DOB requires you to renew required training every 5 years.
New York State Labor Law § 220-H
If you're outside city jurisdiction (or if you work in the city but only on minor alterations or the construction of new 1- to 3-family homes), you only have to worry about New York Labor Law § 220-H.
220-H requires every worker on a public work contract over $250,000 to have a valid OSHA 10 card prior to performing any work. If you're subject to Local Law 196, you already meet this requirement, since it qualifies as "at least" 10 hours of OSHA-authorized training.
State law doesn't require renewal, but if you're in New York City, the 5-year renewal requirement applies.
Benefits of OSHA New York Training for Workers
OSHA’s primary goal of their compliance and safety training is to increase worker awareness and understanding of workplace hazards so they can decrease their chances of accidents, injuries, and fatalities. However, employees aren’t the only ones to benefit from training! When employers invest in OSHA training programs, they can:
- Avoid noncompliance penalties from OSHA inspections
- Lower workers’ compensation costs
- Increase workplace productivity and financial performance
It’s easy for us to say that training will reduce accidents and keep your workplace safe, but once you read the below statistics from OSHA, the Department of Labor, and other New York agencies there won’t be a doubt in your mind. These workplace injury statistics prove that safety training is vital in preventing fatalities, accidents, and fines.
Fatal Occupational Injuries in New York
According to data from the Bureau of Labor Statistics, there were a total of 313 fatal occupational injuries in New York State in 2017, while nationally there were 5,147 fatal occupational injuries.
Of the 313 fatalities:
- 103 were the result of falls, slips, and trips
- 78 were the result of transportation incidents
- 53 were the result of violence and other injuries by persons or animals
- 41 were the result of exposure to harmful substances or environments
- 30 were the result of contact with objects and equipment
- 6 were the result of fires and explosions
The following industries had the largest number of fatalities:
- 69 in construction
- 45 in government (28 local, 11 state, and 6 federal)
- 31 in trade (14 wholesale, 17 retail)
- 29 in transportation and warehousing
- 23 in leisure and hospitality
- 20 in health care and social assistance
- 19 in agriculture, forestry, fishing, and hunting
- 17 in administrative and waste services
- 12 in manufacturing
2019 Top OSHA Enforcement Cases in New York
Although the statistics above prove that workers in New York, especially those in construction, are at a high-risk for injury and accidents, it’s important to note that New York businesses can also use OSHA training to reduce their risk of enforcement penalties from an OSHA inspection.
While OSHA lists the top enforcement cases from New York on their website, for your convenience here are the top cases for the second half of 2019.
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|State||Inspection Number||Employer||City||Issuance Date||Initial Penalty|
|NY||1369441.015||DGC Capital Contracting Corp.||MOUNT VERNON||06/06/2019||$59,672.00|
|NY||1365467.015||Northridge Construction Corp.||EAST PATCHOGUE||06/05/2019||$224,620.00|
|NY||1398654.015||James Renovations, Inc.||BEDFORD HILLS||06/04/2019||$62,702.00|
|NY||1401500.015||Anchor Glass Container Corp.||ELMIRA HEIGHTS||06/14/2019||$52,096.00|
|NY||1378083.015||Victor Insulators, Inc.||VICTOR||06/28/2019||$57,150.00|
|NY||1374748.015||U.S. Nonwovens Corp.||HAUPPAUGE||07/16/2019||$287,212.00|
|NY||1406004.015||Rennoldson's Market Management, Inc.||NAPLES||07/11/2019||$43,758.00|
|NY||1377408.015||Arbre Group Holding||HOLLEY||08/06/2019||$174,270.00|
|NY||1379391.015||Rex Harper DBA REH Property Maintenance||JAMESTOWN||08/05/2019||$168,772.00|
|NY||1380198.015||Highbury Concrete, Inc.||NEW YORK||08/01/2019||$53,040.00|
|NY||1409528.015||Grand Rehabilitation & Nursing in Batavia||BATAVIA||09/06/2019||$45,464.00|
|NY||1414604.015||Simply Natural Foods, LLC||COMMACK||09/27/2019||$45,007.00|
|NY||1421524.015||Mercy Hospital of Buffalo||BUFFALO||09/30/2019||$47,360.00|
|NY||1389876.015||Dollar Tree Stores, Inc.||ELMIRA||09/25/2019||$208,368.00|
|NY||1390472.015||KTC Design Group, Inc.||BROOKLYN||09/13/2019||$44,180.00|
|NY||1390774.015||J&A Roofing Co.||MOUNT KISCO||09/24/2019||$109,393.00|
|NY||1414293.015||Ackmen Construction, LLC||BUFFALO||10/01/2019||$42,621.00|
|NY||1389664.015||Idea Nuova, Inc.||NEW YORK||09/30/2019||$112,515.00|
|NY||1398320.015||Carlton Mathews Roofing and Siding||SYRACUSE||09/24/2019||$53,040.00|
|NY||1405413.015||Carlton Mathews Roofing and Siding||SKANEATELES||09/24/2019||$87,516.00|
Federal and State OSHA Offices in New York
Since New York employers and workers are divided up into federal and state jurisdiction, there are separate local area offices for state and federal occupational safety and health.
You need to contact a federal office if you're in the private sector, a federal agency, a military facility, a workplace with Indian sovereignty, the U.S. Postal Service, or a maritime employer (e.g. shipyards, marine terminals, longshoring).
- Long Island
- Queens (district)
If you're in the public sector instead, you need to contact PESH or DOSH offices. PESH's Albany office serves the entire state, but there are local DOSH offices throughout New York. You can find their contact information on PESH's website.
Additional New York Resources for Safety Information
In addition to the information we have provided, you can visit New York state agency websites for more safety resources.
New York State Department of Labor: The department helps job seekers and workers through a variety of services and programs delivered through its various divisions. You’ll find support for wage protection, safety and health, equal opportunity development, unemployment insurance, and more.
New York State Workers’ Compensation Board (WCB): The WCB delivers benefits to employees while ensuring employers maintain compliant with laws and regulations.
Enroll Now in New York OSHA Training Courses
We hope this guide has proved the importance of OSHA New York training for the safety and well-being of workers, supervisors, and employers, but you’re not quite done yet – you still need to start your training!
Choose us for all your workplace training needs! We have over 20 years of experience as an OSHA-authorized training provider, and we offer OSHA 10-Hour Construction, OSHA 30-Hour Construction, OSHA 10-Hour General Industry, and OSHA 30-Hour General Industry to satisfy your OSHA training needs.
Simply select the most applicable course for your role and start your online training today!