N.Y. Comp. Codes R. & Regs. tit. 9 § 3.30

Current through Register Vol. 46, No. 43, October 23, 2024

Section 3.30 - Executive order no. 30: [establishing an occupational health unit within the department of health.]

I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, in order to provide for the orderly transfer of occupational health records, in order to provide for the utilization of occupational health records, data and other file material by epidemiological investigators and qualified scholars and scientists, in order to provide for identification of and epidemiological research into possible occupational agents known or suspected of having long- term health effects, and in order to provide for correlation of such occupational health hazard information with available morbidity and epidemiological data by the Department of Health, do hereby establish within the Department of Health an occupational health unit.

I. General Powers of the Department of Health

A. Act as a depository of the occupational health records and survey data of the Division of Industrial Hygiene of the Department of Labor; and

B. Utilize the epidemiological and research functions of such personnel and staff of the former Office of Occupational Health of the Department of Labor as may be approved for transfer to the Department of Health by the Director of the Budget; and

C. Supplement the records and data received with any further past, current or future information necessary, required or desirable to the performance of epidemiological and other health studies including the occupational employment and health records of workers and associated essential industrial information; and

D. Promote utilization of such records for studies by qualified scholars, scientists and institutions on health hazards in working places; and

E. Identify potential toxic chemicals and components and other causes of occupational diseases and the resultant conditions and effects, including but not limited to cancer of all types, heart and respiratory diseases, illnesses due to toxic substances, and maternal and child health risks from occupational causes; and

F. Report on survey findings, and take such other actions to mitigate occupational health hazards as may be necessary or desirable.

II. Effective Date and Transfer Provisions

Effective February 4, 1976, the occupational health records of the Division of Industrial Hygiene and the designated personnel of the Office of Occupational Health shall be transferred to the Department of Health by the Department of Labor. On such date, with respect to the functions, powers, duties, rights and obligations transferred and assumed, the Department of Health shall be deemed and held to constitute a continuation of the Division of Industrial Hygiene and the Office of Occupational Health of the Department of Labor. Any proceeding or other business or matter heretofore undertaken or commenced by such Division and Office concerning the subject matter of this order will be conducted and completed by the Department of Health in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the Department of Labor. Provisions shall be made with the approval of the Director of the Budget and within appropriations available therefor and subject to the Civil Service Law for the transfer to the Department of Health of such staff and employees of the Office of Occupational Health as the Commissioner of Health and the State Industrial Commissioner may deem necessary. Any Federal funds advanced to the Office of Occupational Health for the purposes described in this order to the extent of remaining unexpended or unencumbered balances thereof shall be transferred to and made available for use by the Department of Health for the same purposes for which originally advanced.

III. Assistance of Other State Agencies

The Department of Health is authorized to call on the heads of other appropriate State departments and agencies for information and assistance whenever such shall be deemed to be necessary by the Commissioner of Health for the purposes set forth in this order.

Signed: Hugh L. CareyDated: February 4, 1976

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.30