[Adopted 3-23-1982 by L.L. No. 10-1982; amended in its entirety 12-27-1983 by L.L. No.
4-1984 (Ch. 82, Art. I, of the 1985 Code)]
New York State's Public Employee Occupational Safety and
Health Act of 1980 brings safety and health coverage for the first
time to all public employees at the state and local level. The Act
provides that the same safety and health standards that apply to workers
in the private sector, namely Occupational Safety and Health Administration
(OSHA) standards, which will be applied to employees in the public
sector.
This article shall apply to all County employees. All independent
contractors, agents, subcontractors, subordinate agents, agent helpers
and borrowed employees doing business with Suffolk County shall be
subject to the provisions of this article.
A.
Suffolk County shall furnish to each employee a job and workplace
which is free from recognized hazards, so as to provide responsible
and adequate protection to the lives, safety and health of its employees.
B.
Suffolk County shall comply with occupational safety and health standards
(OSHA standards) promulgated by the Industrial Commissioner, as defined
in the New York State Public Employee Occupational Safety and Health
Act of 1980.
[Amended 10-22-1985 by L.L. No. 32-1985; 2-27-1990 by L.L. No.
11-1990]
A.
There shall be a Safety Officer of the County of Suffolk, who shall
be an employee of the Department of Human Resources, Personnel and
Civil Service. It shall be the duty of the Safety Officer, in cooperation
with representatives of the Departments of Health Services, Fire,
Rescue and Emergency Services, and Public Works, to formulate an improved
employee safety practice, to make recommendations for employee training
and good safety and health practices, to provide an opportunity for
open communication on safety and accident problems and unsafe conditions
and/or practices which arise within the department, to recommend remedies
and/or preventative measures and to encourage support of management
and employees in implementing the safety program.
[Amended 9-15-2011 by L.L. No. 49-2011]
B.
In the event of a vacancy in the office of the Safety Officer, the
duties and responsibilities of this position shall be exercised by
the Personnel Officer or his/her designated agent.
A.
There shall be established a Health and Safety Board to consist of
15 members as follows: three members selected by the Presiding Officer,
two of which appointees shall be members of the Suffolk County Legislature,
the County Executive or his/her designated agent, a representative
of Bargaining Units 2 and 6 respectively, an at-large member designated
by the President of the Association of Municipal Employees, a representative
of the Superior Officers' Association, a representative of the
Patrolmens' Benevolent Association, a representative of the Association
of Deputy Sheriffs and Correction Officers, the Commissioner of Public
Works or his/her designated agent, the Commissioner of Health Services
or his/her designated agent, the Director of Fire Safety or his/her
designated agent, the County Attorney or his/her designated agent
and the County Insurance Manager or his/her designated agent. The
Safety Officer shall be the ex officio member of the Health and Safety
Board. Such designated agents shall be named within 30 days of the
approval of such resolution.
[Amended 10-22-1985 by L.L. No. 32-1985; 3-10-1987 by L.L. No.
10-1987]
B.
The Health and Safety Board shall establish its own rules of order
and elect a Chairman from its members. In the event of there being
a tie, the Chairman shall be selected by the Presiding Officer of
the Suffolk County Legislature. The Chairman shall serve a one-year
term.
C.
The Health and Safety Board shall meet every two months, or sooner
when deemed necessary by the Safety Officer and/or the Chairman.
D.
The Safety Officer shall report to the Health and Safety Board, at the request of the Chairman and/or the majority of the members of the Board, on the activities of his/her office. Members of the Board may bring to the attention of the Safety Officer complaints of employees, possible safety and health conditions and any other matters the Board deems appropriate for the Safety Officer. Additionally, the Health and Safety Board may, at the option of the majority of the Board members, review health and safety reports of the Safety Officer, the department head(s) involved and the employee(s) originally filing the complaint and shall have input throughout the grievance procedures established in § 110-6 herein.
E.
The Health and Safety Board shall have the power to hold hearings,
administer oaths and take the testimony of any person under oath.
At any hearing, a witness shall have the right to have present and
be advised by counsel during the conduct of such hearing.
[Added 3-10-1987 by L.L. No. 10-1987]
F.
The Health and Safety Board shall have the right to review and make
recommendations on regulations concerning the health and safety of
public employees.
[Added 3-10-1987 by L.L. No. 10-1987]
A.
If an employee believes a condition which is hazardous to health
or safety exists, the employee may file a complaint with the Safety
Officer. The Safety Officer shall immediately notify the Chairman,
the department head(s) involved and the Director of Labor Relations
that a complaint has been filed. The Safety Officer shall cause an
investigation of the alleged hazardous condition to be performed within
five working days of receipt of the complaint. The Safety Officer
shall issue a report to the employee(s), the department head(s) involved,
the Director of Labor Relations, and the Chairman of the Health and
Safety Board within said five-day period, which will state his/her
findings and other pertinent information, including proposed action
to further investigate the complaint. These proposed actions may be
further testing or inspections which may be necessary. If the report
is a final report, it shall include a determination that a hazard
does or does not exist. The final report shall also include recommended
acts to correct a hazardous condition which exists.
B.
If the report referred to in Subsection A is a preliminary report, the Safety Officer shall issue a final report within a reasonable period of time.
C.
Whenever the Safety Officer issues a report in which he/she has determined
that a hazardous condition of health and safety does not exist, the
employee who originally filed the grievance, as well as a representative
of the collective bargaining agent for the employee, may request a
meeting with the Safety Officer to discuss the report. For purposes
of this chapter, the term "collective bargaining agent" shall mean
the bargaining agent recognized by the Suffolk County Public Employees
Relations Board as the unit which represents the employees in collective
bargaining. The Chairman of the Health and Safety Board and the department
head(s) involved shall be notified of the meeting to discuss the report.
D.
In the event that either the department head(s) or the employee(s)
and collective bargaining agent are dissatisfied with the final report
of the Safety Officer, either side may request the appointment of
a hearing officer within five days of receipt of a final report. The
hearing officer shall be agreed to by both sides and shall conduct
the hearing within two weeks after appointment.
E.
The hearing officer shall utilize the OSHA standards in determining
if there is a condition which is hazardous to health or safety. If
there are no rules, regulations and/or minimum standards covering
the question presented, the hearing officer shall utilize his/her
best judgment in reaching his/her decision. The cost of the hearing
officer shall be borne equally by the collective bargaining agent
and the County of Suffolk.
F.
When the health and safety grievance is brought before the Health
and Safety Board and the Board finds probable cause that an unsafe
condition is continuing or that there is a hazard to the health and
safety of an employee(s), the Health and Safety Board shall request
the department head(s) having jurisdiction to take the necessary actions
to repair, correct and/or abate the conditions within 45 days. If
such requested actions to repair, correct and/or abate the conditions
are not taken within 45 days, the pertinent department head shall
issue a written explanation as to such nonaction to the Health and
Safety Board, which may then take such action as it shall deem necessary
and appropriate. The corrective recommendations of the Health and
Safety Board and/or the hearing officer shall be binding upon the
County unless the recommendations would have a substantial fiscal
impact upon the County or the affected department(s). The question
of whether a fiscal impact is substantial shall be a decision solely
within the jurisdiction of the County Legislature and County Executive.
Further, if a recommendation has a substantial fiscal impact, the
moneys may be expended only with the specific approval of the County
Legislature and the County Executive.
[Amended 3-10-1987 by L.L. No. 10-1987]
G.
No employee shall be subject to any disciplinary action for providing
information regarding matters of health and safety unless the provisions
of a pertinent collective bargaining agreement provide to the contrary.
[Added 3-10-1987 by L.L. No. 10-1987]
A.
In order to carry out the purposes of this chapter, the Safety Officer
or his/her designee or any member of the Health and Safety Board may,
upon the showing of proper credentials:
B.
Each department head or his/her designated representative shall maintain
records of work-related accidents and illnesses, in conformity with
the regulations promulgated by the Industrial Commissioner. Such designated
representatives shall be named within 30 days of the effective date
of this chapter.
This article is not intended nor shall it be construed or interpreted
to impose additional liability on the County or any County official
thereof. Further, it is not intended to limit any provision of a collective
bargaining agreement between the County and the recognized bargaining
agent. It is intended to assist the County and its collective bargaining
agents in the administration of the pertinent health and safety clauses
of said collective bargaining agreements.
This article shall take effect immediately, but shall not be implemented until 45 days after its approval by the County Executive, during which time the members of the Health and Safety Board shall be appointed and the rules of order (§ 110-5B) of said Board shall be adopted.
