New York (PESH, NYC SST & Scaffold Law)
New York’s state plan (PESH) covers only public employees. Private workplaces are covered by federal OSHA, but New York State and New York City add some of the strongest construction safety laws in the country, including training card requirements and the Scaffold Law.
- Construction
- General Industry
- Public employees
- New York
Who enforces what
| Private employers | Federal OSHA |
|---|---|
| State and local government employees | PESH (Public Employee Safety and Health), NYS Department of Labor |
| NYC construction sites | NYC Department of Buildings (Building Code Chapter 33, Site Safety Training, licensing) |
| Asbestos | NYS Department of Labor (Industrial Code Rule 56); NYC also has its own asbestos program |
Key New York construction laws
- NYC Site Safety Training (SST), Local Law 196: workers on NYC sites that require a site safety plan need an SST card showing at least 40 hours of training; supervisors need 62 hours. Cards are valid for 5 years and must be renewed with refresher training before they expire. See State Training Requirements.
- OSHA 10 on public works: workers on New York State public works contracts above a set amount must complete OSHA 10 training.
- Scaffold Law (Labor Law §240(1)): owners and contractors are strictly liable for gravity-related injuries (falls from heights and falling objects) when proper safety devices such as scaffolds, ladders and harnesses weren’t provided.
- Labor Law §241(6) and the Industrial Code (12 NYCRR Part 23): detailed state construction safety rules for excavation, scaffolds, hoists, demolition and more.
- NYC licensing: the Department of Buildings licenses crane and hoisting machine operators, riggers, site safety managers and other trades on NYC sites.
- Asbestos (Industrial Code Rule 56): asbestos surveys are required before most permitted work, and only licensed contractors may disturb asbestos. Homeowners may do their own work only in an owner-occupied single-family home. See Asbestos Rules by State.
Other New York protections
- NY HERO Act: employers must have airborne infectious disease exposure prevention plans.
- Workplace violence prevention: public employers and large retail employers have specific workplace violence prevention duties. See Workplace Violence.
- Whistleblower protection (Labor Law §740): protects employees who report or refuse to take part in practices they reasonably believe violate the law or endanger public health or safety.
Reporting and complaints
- Private-sector workers: file safety complaints with federal OSHA, and retaliation complaints with OSHA within 30 days. State whistleblower claims have longer deadlines.
- Public employees: file safety complaints with PESH.
- Employers must report work-related deaths within 8 hours, and in-patient hospitalizations, amputations and loss of an eye within 24 hours.
For pay and leave laws, see New York Worker Rights.
Note: This page is a summary. Check the NYS Department of Labor and NYC Department of Buildings for current rules.
Standards & references
Last updated: