N.Y. Comp. Codes R. & Regs. tit. 12 § 801.46

Current through Register Vol. 46, No. 25, June 18, 2024

Section 801.46 - Definitions

As used in this Part:

(a) Establishment. An establishment is a single physical location where services, operations or other activities are performed. For activities where employees do not work at a single physical location, such as construction; transportation; electric, and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc. that either supervise such activities or are the base from which personnel carry out these activities. An establishment may include more than one physical location provided:

(1) the employer operates the locations as a single operation under common management;

(2) the locations are all located in close proximity to each other;

(3) the employer keeps one set of records for the locations, such as records on the number of employees, their wages and salaries, sales or receipts, and other kinds of business information. For example, one establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street.

(b) Injury or illness. An injury or illness is an abnormal condition or disorder. Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning. (Note: Injuries and illnesses are recordable only if they are new, work-related cases that meet one or more of the section 801.4 - 801.12 of this Part recording criteria.)

(c) Physician or other licensed health care professional. A physician or other licensed health care professional is an individual who meets the definition for such a professional under the New York State Education Law.

(d) Work environment. The work environment is an establishment or other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work.

(e) Employer. Any State, any political subdivision of the State, a public authority or any other governmental agency or instrumentality thereof is an employer within the meaning of this Part.

(f) Public employee. Any employee of the State, any political subdivision of the State, a public authority or any other governmental agency or instrumentality is a public employee within the meaning of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 801.46