N.Y. Comp. Codes R. & Regs. tit. 12 § 72.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 72.1 - Application

(a) The provisions of this Part shall apply to the filing, processing, hearing, consideration and determination of an application for a stay from a notice of a dangerous condition ("unsafe notice") issued by the Commissioner of Labor pursuant to section 200, subdivision 2 of the Labor Law.

(b) Section 200, subdivision 2, provides:

"2. If the commissioner finds that any machinery, equipment, or device in any place to which this chapter applies is in a dangerous condition, or finds that any area to which this chapter applies is in a dangerous condition, he may attach a notice to such machinery, equipment, or device, or post a notice in such area warning all persons of the danger. Such notice shall prohibit the use of such machinery, equipment, or device or prohibit further work in or occupancy of such area until the dangerous condition is corrected and the notice is removed by the commissioner. Upon receipt of a written notification from the employer that the dangerous condition has been corrected, the commissioner shall make a reinspection within ten working days, and if the commissioner finds that the dangerous condition has been corrected, he shall remove the notice. The filing with the board of a petition for a review of the validity and reasonableness of the commissioner's order pursuant to section one hundred one of this chapter, shall not stay further proceedings; provided, however, that the board, in its discretion, may upon application of the petitioner stay further proceedings. The board shall grant or deny such application for a stay within seventy-two hours after the filing of the application."

(c) The foregoing procedure for tagging unsafe an object or an area referred to in section 200, subdivision 2, is invoked when an enforcement representative of the Commissioner of Labor finds that the condition of any machinery, equipment, device or area to which the Labor Law applies, or that the circumstances under which any of the aforesaid items or areas are or may be used, evinces or is likely to occasion a degree of danger or a severity of hazard, justifying summary prohibition of the use of the tagged object or area.

(d) An "unsafe notice" which is affixed to an object or which is posted in an area pursuant to the above-quoted Labor Law provision customarily is accompanied with a Notice of Violation and Order to Comply, which includes:

(1) an order forbidding the use of the tagged object or area until the "unsafe notice" is officially removed or otherwise lawfully terminated; and

(2) if not previously issued, an order directing that the alleged dangerous condition be corrected.

(e) If a party deems that an "unsafe notice" or Notice of Violation and Order to Comply is unreasonable or invalid, a petition to revoke, amend or modify the same may be filed as provided in Part 6 5 of this Subchapter. If a party desires to continue to use the tagged machinery, equipment, device or area pending the resolution of that proceeding, an application therefor must be made under this Part. Such an application should be made either contemporaneously with or after the filing of a petition pursuant to Part 65.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 72.1

Amended New York State Register March 30, 2022/Volume XLIV, Issue 13, eff. 3/30/2022