Title LAB, Labor

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 877. Trade secrets. 1. When a manufacturer, producer, formulator or\nemployer considers the identity of or other information concerning a\ntoxic chemical substance to be a protectable trade secret or a\nproprietary process whose disclosure would compromise his competitive\nadv…

§ 878. Employee education and training. 1. Every employer shall\ninstitute an education and training program for employees routinely\nexposed to toxic substances.\n 2. The education and training program shall commence prior to initial\nassignment and shall be repeated at least a…

§ 879. Records. Employers shall keep a record of the name, address and\nsocial security number of every employee who handles or uses a substance\nor substances included in section nineteen hundred ten of the federal\noccupational safety and health regulations, subparagraph z and…

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

§ 881. Powers of the industrial commissioner. The industrial\ncommissioner may promulgate such regulations as he shall consider\nnecessary and proper to effectuate the purposes and provisions of this\narticle.\n

§ 882. Penalties. 1. Civil penalty. Any employer who fails to comply\nwith the provisions of this article shall be liable for a civil penalty\nnot to exceed ten thousand dollars in addition to any other damages for\nwhich an employer may be liable pursuant to any other provision…

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

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

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

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

§ 887. Occupational safety and health inspection account.\nNotwithstanding any other law, rule or regulation to the contrary,\nexpenditures by the department made pursuant to appropriations from the\nmiscellaneous special revenue fund, occupational safety and health\ninspection …

§ 900. Legislative findings and declaration. The legislature hereby\nfinds and declares that exposure to asbestos fibers, a known\ncarcinogenic agent, creates a serious risk to the public health and\nsafety. The legislature also finds that the public is more frequently\nexposed …

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

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

§ 903. License and certification procedure. 1. All applications for\nasbestos handling licenses or certificates shall be submitted in writing\non forms furnished by the commissioner and shall contain such\ninformation which the commissioner may require. An application for an\nas…

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

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

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

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

§ 908. Injunction. If the commissioner finds that any asbestos project\nis not being performed in accordance with this article or the rules and\nregulations promulgated hereunder, the commissioner may, by delivery of\nnotice to the contractor engaged in the asbestos project or i…

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

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

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

§ 916. Definitions. As used in this article:\n 1. "Client" means a person who enters into a professional employer\nagreement with a professional employer organization.\n 2. "Person" means an individual, an association, a company, a firm, a\npartnership, a corporation, or any oth…

§ 917. Continuing obligations. 1. Collective bargaining agreements\nexempted. A professional employer agreement shall have no effect on\nexisting collective bargaining agreements. Notwithstanding any\nstatements to the contrary, nothing in this article shall alter the\nrights or…

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

§ 919. Registration process. 1. Except as otherwise provided in this\nsection, each professional employer organization required to be\nregistered under this article shall provide the department with\ninformation required by the department on forms that the department\nspecifies.…

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

§ 922. General requirements and provisions. 1. A professional employer\norganization shall meet the following standards:\n (a) Have a written professional employer agreement between the client\nand the professional employer organization setting forth the\nresponsibilities and du…

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

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

§ 930. Definitions. As used in this article: 1. "Department" means the\ndepartment of labor.\n 2. "Mold" means any indoor multi-cellular fungi growth capable of\ncreating toxins that can cause pulmonary, respiratory, neurological or\nother major illnesses after minimal exposure,…