N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 59-1.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 59-1.9 - Workplace safety and loss prevention program

(a) Upon the recommendation of the consultant, the employer shall institute and maintain an effective safety and loss prevention program to identify, evaluate and control workplace hazards. Employers' workplace safety and loss prevention programs, which were developed prior to the promulgation of this rule, may be used to satisfy this requirement if they meet the criteria for an acceptable program set forth in this section. Such program shall be in writing and shall at a minimum:

(1) set forth policies, procedures and practices that recognize and protect employees from occupational safety hazards;

(2) establish and communicate a clear goal for the Workplace Safety and Loss Prevention Program and the mechanisms which will be utilized in meeting this goal;

(3) provide for visible top management leadership in implementing the program and ensure that all workers at the site are provided equally high quality safety protection, so that all will understand that management's commitment is serious;

(4) provide for and encourage employee involvement in the structure and operation of the program, so that they will commit their insight and energy to achieving the goals and objectives of the safety program. Such involvement shall be accomplished through the recognized employee organization(s), if any;

(5) assign and communicate responsibilities for all aspects of the Workplace Safety and Loss Prevention Program to managers, supervisors and employees so that such persons know and understand what is expected of them in the implementation of the program. Provide a system to hold managers and supervisors accountable for their responsibilities under the Workplace Safety and Loss Prevention Program;

(6) the employer shall ensure that the supervisors, managers and employees understand their responsibilities under the Workplace Safety and Loss Prevention Program and their importance to the safety of the workplace. In particular, appropriate training for managers, supervisors and employees shall enable them to:

(i) recognize potential hazards;

(ii) maintain safety protection in the work area; and

(iii) reinforce employee training on the nature of the potential hazards and required protective measures;

(7) provide a reliable system for employees to notify management personnel of conditions that appear hazardous or of noncompliance with the terms of the Workplace Safety and Loss Prevention Program without fear of reprisal and provide a mechanism to ensure timely and appropriate responses;

(8) provide a mechanism to investigate accidents so that the root cause(s) and means for preventing a recurrence are identified. For the purposes of this rule, the term accident shall mean any unexpected happening that interrupts the work sequence or process and that may result in injury, illness or property damage;

(9) provide a means to review injury and illness trends over time so that patterns with common causes can be identified and eliminated;

(10) establish a mechanism for the employer to conduct ongoing, periodic in-house safety inspections so that new or previously missed hazards or failures in controls are identified. Such inspections shall be conducted with a frequency necessary to be effective and this frequency shall be reviewed by the consultant performing the workplace safety and loss prevention consultation;

(11) address the impact of emergency situations and develop written plans and procedures to insure employee safety during such emergencies. For the purposes of this rule, the term emergency situation shall mean an unforeseen single event or combination of events that calls for immediate action to prevent, control or contain injury or illness to person(s) or damage to property; and

(12) establish procedures for transmitting and enforcing safe work practices in the workplace through training, positive reinforcement and correction of unsafe performance.

(b) Such program shall be provided to the recognized employee organizations and shall be made available to the employees upon request.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 59-1.9