Title LAB, Labor

§ 867. Safety in skiing code. 1. The commissioner, on the advice of the passenger tramway advisory council as created pursuant to section twelve-c of this chapter, shall promulgate rules and regulations, consistent with article eighteen of the general obligations law, intended t…

§ 868. Separability. If any part or provision of this act or the application thereof to any person is adjudged by a court of competent jurisdiction to be unconstitutional, such judgment shall not affect or impair any other part or provision or the application thereof to any othe…

§ 870-a. Legislative intent. 1. The purpose of this article is to guard against personal injuries in the assembly, disassembly and use of amusement devices, viewing stands and tents at carnivals, fairs and amusement parks to persons employed at or attending the same, and, in the…

§ 870-b. Application. 1. This article applies to amusement devices, viewing stands and tents at carnivals, fairs and amusement parks where an admission or fee is customarily or usually charged located within the state, and to the managers of such devices, to the persons employed…

§ 870-c. Definitions. As used herein, the following terms have the meanings indicated: 1. "Amusement device" means any contrivance that carries and conveys passengers along, around or over a fixed or restricted course or within a defined area for the purpose of amusing or entert…

§ 870-d. Issuance of permit. No amusement device, viewing stand or tent may be operated in the state without a permit issued by the commissioner except as provided in section eight hundred seventy-m of this article. Such permits are not transferable and if any permit holder volu…

§ 870-e. Inspections. Before a permit may be issued as provided in section eight hundred seventy-d of this article, an inspection of the amusement device, viewing stand or tent shall be made in compliance with the procedures set by the commissioner. Such inspection shall have be…

§ 870-f. Liability insurance. Before the commissioner may issue a permit to the owner or lessee of an amusement device, viewing stand or tent, the owner or lessee of such device, viewing stand or tent shall furnish the commissioner with proof that he has purchased insurance or p…

§ 870-g. Reports of injuries. 1. The owner or lessee of any amusement device, viewing stand or tent which, during the course of its operation, is involved in an accident which results in an injury shall report such injury to the owner's or lessee's insurer. 2. The owner or lesse…

§ 870-h. Notice to owners. The commissioner shall furnish to all owners, lessees and operators of amusement devices, viewing stands and tents notice of all rights and obligations prescribed under this article upon receipt of permit applications.

§ 870-i. Additional rule making. The commissioner may make additional rules consistent with this article guarding against personal injuries in the assembly, disassembly and use of amusement devices, viewing stands and tents at carnivals, fairs and amusement parks to persons empl…

§ 870-j. Civil penalties. 1. Any person who knowingly and willfully operates an amusement device, viewing stand or tent without any of the following: (a) the permit required by section eight hundred seventy-d of this article; or (b) the inspections required by section eight hund…

§ 870-k. Criminal penalties. 1. (a) Any owner or lessee of an amusement device, viewing stand or tent who wilfully violates any provision of this article or any rule, regulation, standard or order promulgated pursuant to this article, and that violation causes physical injury to…

§ 870-l. Local regulations. Nothing in this article shall be so construed as to prevent municipalities from enacting regulations more restrictive than the provisions set forth by this article.

§ 870-m. Exceptions. (a) In the case of an amusement device, viewing stand or tent operated in a carnival, fair or amusement park located in a city having a population of over one million, a permit or license issued by such city shall satisfy the requirements of section eight hu…

§ 870-n. Carnival, fair and amusement park safety advisory board. 1. To advise the commissioner in relation to industry standards for carnivals, fairs, amusement parks, amusement devices, tents and viewing stands, and his or her duties and powers pursuant to this article, there …

§ 870-o. Amusement device and attraction awareness. The department shall develop, establish and implement, in cooperation with the carnival, fair and amusement park safety advisory board established in section eight hundred seventy-n of this article, a program to educate and pro…

§ 875. Definitions. When used in this article: 1. "Employer" means any individual, partnership, corporation or association engaged in a business who has employees including the state and its political subdivisions. The term "employer" does not include the employment of domestic …

§ 876. Notice requirements. Notice to employees and their representatives regarding toxic substances. 1. Every employer shall post a sign in every workplace at the location or locations where notices to employees are normally posted, to inform employees that they have a right to…

§ 877. Trade secrets. 1. When a manufacturer, producer, formulator or employer considers the identity of or other information concerning a toxic chemical substance to be a protectable trade secret or a proprietary process whose disclosure would compromise his competitive advanta…

§ 878. Employee education and training. 1. Every employer shall institute an education and training program for employees routinely exposed to toxic substances. 2. The education and training program shall commence prior to initial assignment and shall be repeated at least annual…

§ 879. Records. Employers shall keep a record of the name, address and social security number of every employee who handles or uses a substance or substances included in section nineteen hundred ten of the federal occupational safety and health regulations, subparagraph z and wh…

§ 880. Employees' rights. 1. Employees or their representatives may request in writing from employers and shall receive all information relating to toxic substances set forth in subdivision three of section eight hundred seventy-eight of this article. 2. If an employee has reque…

§ 881. Powers of the industrial commissioner. The industrial commissioner may promulgate such regulations as he shall consider necessary and proper to effectuate the purposes and provisions of this article.

§ 882. Penalties. 1. Civil penalty. Any employer who fails to comply with the provisions of this article shall be liable for a civil penalty not to exceed ten thousand dollars in addition to any other damages for which an employer may be liable pursuant to any other provision of…

§ 883. Separability. If any section, clause or provision of this article shall be unconstitutional or be ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective and no other section, clause or provision shall…

§ 884. Legislative findings and intent. The workers of New York state, both public and private, pursuant to state and federal laws, have the right to a safe and healthy workplace, including, pursuant to the provisions of article twenty-eight of this chapter, the right to trainin…

§ 885. Definitions. As used in this article: 1. "Board" shall mean the New York state occupational safety and health hazard abatement board created pursuant to the provisions of section twenty-seven-a of this chapter. 2. The term "program" shall mean the training and education p…

§ 886. Training and education program on occupational safety and health. 1. There is hereby created a training and education program on occupational safety and health. 2. The board shall, pursuant to the provisions of subdivision fourteen of section twenty-seven-a of this chapte…

§ 887. Occupational safety and health inspection account. Notwithstanding any other law, rule or regulation to the contrary, expenditures by the department made pursuant to appropriations from the miscellaneous special revenue fund, occupational safety and health inspection acco…

§ 900. Legislative findings and declaration. The legislature hereby finds and declares that exposure to asbestos fibers, a known carcinogenic agent, creates a serious risk to the public health and safety. The legislature also finds that the public is more frequently exposed to t…

§ 901. Definitions. As used in this article, the following terms have the meanings indicated: 1. "Approved asbestos safety program" means a program approved by the commissioner of health providing training in the handling and use of asbestos and asbestos material, education conc…

§ 902. Licensing and certification requirements. 1. It shall be unlawful for any contractor to engage in an asbestos project unless such contractor has a valid asbestos handling license issued by the commissioner. Such license will not be issued without evidence of successful co…

§ 903. License and certification procedure. 1. All applications for asbestos handling licenses or certificates shall be submitted in writing on forms furnished by the commissioner and shall contain such information which the commissioner may require. An application for an asbest…

§ 904. Notice and recordkeeping requirements. 1. Each contractor shall keep and maintain for at least thirty years a record of each asbestos project in which it engages, which record shall include the following information: the name, address and social security number of the per…

§ 905. Training and education. 1. The commissioner of health shall have authority to approve asbestos safety programs and shall maintain a list of approved programs which shall be made available to license applicants, certificate applicants and other interested parties upon requ…

§ 906. Regulations. The commissioner shall promulgate such rules and regulations as shall be necessary and proper to effectuate the purposes and provisions of this article and to comply with the requirements of the Federal Asbestos Hazard Emergency Response Act and any other app…

§ 907. Investigations and complaints. The commissioner shall have the authority to inspect ongoing or completed asbestos projects and to conduct an investigation upon his or her own initiation or upon receipt of a complaint by any person or entity.

§ 908. Injunction. If the commissioner finds that any asbestos project is not being performed in accordance with this article or the rules and regulations promulgated hereunder, the commissioner may, by delivery of notice to the contractor engaged in the asbestos project or its …

§ 909. Civil penalties and revocation. 1. a. The commissioner may impose a civil penalty upon an asbestos contractor of up to two thousand five hundred dollars for the initial violation of section nine hundred two of this article and up to four thousand dollars for the second or…

§ 910. Enforcement. 1. Nothing in this article shall be construed to prevent municipalities from enacting local laws or ordinances which impose standards or requirements relating to the handling of asbestos or asbestos material more effective than those set forth in this article…

§ 915. Short title. This article shall be known and may be cited as the "New York professional employer act".

§ 916. Definitions. As used in this article: 1. "Client" means a person who enters into a professional employer agreement with a professional employer organization. 2. "Person" means an individual, an association, a company, a firm, a partnership, a corporation, or any other for…

§ 917. Continuing obligations. 1. Collective bargaining agreements exempted. A professional employer agreement shall have no effect on existing collective bargaining agreements. Notwithstanding any statements to the contrary, nothing in this article shall alter the rights or obl…

§ 918. Registration required. A professional employer organization shall not engage in business from offices in this state or enter into any arrangement with a person for the purpose of providing professional employer services as described in section nine hundred twenty-two of t…

§ 919. Registration process. 1. Except as otherwise provided in this section, each professional employer organization required to be registered under this article shall provide the department with information required by the department on forms that the department specifies. At …

§ 921. Minimum net worth, bonding and reporting. 1. Every initial registration and subsequent annual reporting shall be accompanied by a reviewed or an audited financial statement of the professional employer organization's most recent fiscal year end and prepared within one hun…

§ 922. General requirements and provisions. 1. A professional employer organization shall meet the following standards: (a) Have a written professional employer agreement between the client and the professional employer organization setting forth the responsibilities and duties …

§ 923. Unemployment compensation insurance. 1. During the term of a professional employer agreement, a professional employer organization shall be liable in accordance with the provisions of article eighteen of this chapter for the payment of contributions, penalties and interes…

§ 924. Violations, penalties, procedures. 1. Any professional employer organization or person purporting to be a professional employer organization who has failed to comply with the registration requirements of section nine hundred eighteen of this article shall be deemed to hav…