N.Y. Comp. Codes R. & Regs. tit. 9 § 125.6

Current through Register Vol. 46, No. 36, September 4, 2024

Section 125.6 - Worker Health and Safety Standards

(a) The licensee shall comply with all applicable federal, state, and local laws and regulations related to worker training, safety, health, and pay including, but not limited to, all labor laws, human rights laws, and anti-discrimination laws.

(b) The licensee shall establish, maintain, and comply with a written alcohol-free, drug-free, and smoke-free workplace policy.

(c) All employees involved in the cultivation, processing, or distribution of cannabis and cannabis products shall receive safety and hygiene training as determined by the Office. Signed consent forms shall be obtained by the licensee from all employees involved in the application of chemicals or other potentially hazardous materials, ingredients, or substances as part of their work activities upon completion of the chemical application training, which shall include safe usage and handling information.

(d) Safety data sheets shall be maintained consistent with the Occupational Safety and Health Administration (OSHA) standards pursuant to section 1910.1200 of Title 29 of the Code of Federal Regulations.

(e) The licensee shall maintain an electronic record of any chemicals or other potentially hazardous materials, ingredients, or substances onsite that are used to conduct operations (such as chemicals for cleaning equipment, to control pests, or to perform extraction) and make available to all employees.

(f) The licensee shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment.

(1) Verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated;

(2) Verify that the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.

(g) Personal protective equipment shall be assigned, consistent with OSHA standards pursuant to section 1910.132 of Title 29 of the Code of Federal Regulations, to all employees involved in the cultivation and processing of cannabis and cannabis products as applicable. Such personal protective equipment shall be in good working order, that properly fits each affected employee, as specified by the manufacturer. A list of required personal protective equipment shall be kept on site for employees to reference.

(h) Employees working with chemicals or materials that require the use of respirators, consistent with OSHA standards pursuant to section 1910.134 of Title 29 of the Code of Federal Regulations, shall be trained in their proper use, and respirators shall be serviced and tagged to manufacturer's specifications.

(i) Licensees shall install informational signs that provide clear instructions for material handling, equipment operation, and general safety information for all operations.

(j) Licensee shall install warning signs in English and other appropriate languages for the employees of the licensee that shall be posted in all potential hazard areas as a public health protective measure.

(k) Licensees shall install any additional signs or make available additional worker health and safety information as determined by the Office.

(l) Emergency signage shall be posted in all work areas.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 125.6

Adopted New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/27/2023