New York Laws
Article 7 - General Provisions
200 - General Duty to Protect the Health and Safety of Employees; Enforcement.

§ 200. General duty to protect health and safety of employees;
enforcement. 1. All places to which this chapter applies shall be so
constructed, equipped, arranged, operated and conducted as to provide
reasonable and adequate protection to the lives, health and safety of
all persons employed therein or lawfully frequenting such places. All
machinery, equipment, and devices in such places shall be so placed,
operated, guarded, and lighted as to provide reasonable and adequate
protection to all such persons. The board may make rules to carry into
effect the provisions of this section.

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.

3. Whenever a notice is attached or posted as provided in subdivision
two of this section, the attorney general may institute a proceeding to
enjoin the use of such machinery, equipment, or device or to enjoin
further work in or occupancy of such area. Such proceeding shall not be
stayed by the filing with the board of a petition for a review of the
validity or reasonableness of a commissioner's order pursuant to section
one hundred one of this chapter.

4. In the exercise of his powers to protect the health and safety of
employees the commissioner shall, in municipalities which have accepted
the applicability of the state building construction code, enforce the
provisions of such code in factories, mercantile establishments and
places of public assembly with respect to: (a) sanitation and health
facilities; (b) guarding against and minimizing fire and industrial
radiation hazards; (c) safety of vertical transportation; and (d)
adequacy of exits.

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