Section 21. General powers and duties of commissioner  


Latest version.
  • The commissioner
      shall be the administrative head  of  the  department  and  shall  have,
      notwithstanding   any   provision   of  law  to  the  contrary,  general
      administrative  supervision  over   the   several   divisions,   boards,
      commissions, bureaus, and agencies thereof whether established under the
      provisions  of  this  chapter  or  the workmen's compensation law and in
      connection therewith, the commissioner:
        1. Shall enforce all the provisions of this chapter and may issue such
      orders as he finds necessary directing compliance with any provision  of
      this chapter, except as in this chapter otherwise provided;
        2. Shall cause proper inspections to be made of all matters prescribed
      by this chapter;
        3.  Shall cause investigations to be made of the condition of women in
      industry;
        * 3-a. Shall  prepare  and  submit  to  the  governor,  the  temporary
      president of the senate and the speaker of the assembly on or before the
      thirtieth  day  of  September  an  annual  report on the status of older
      workers including those over the age of sixty-five in  New  York  state.
      Such  report shall describe in detail the employment needs of such older
      workers and the ability of existing state employment  services  to  deal
      with  the  problems of older workers. The report shall consider the need
      for affirmative action, training, counseling, development of alternative
      work schedules, job development activities within the public and private
      sector, and the need for improved  use  by  older  workers  of  publicly
      funded  programs  for  employment  and  employment-related services. The
      report shall also consider the economic  impact  of  unemployment  among
      older   workers   and   shall  contain  recommendations,  including  the
      associated costs, for improved programs or for changes  in  statutes  or
      regulations  to  provide  increased  employment  opportunities for older
      workers.
        * NB Expired October 1, 1981
        4. Shall inquire into  and  report  on  the  causes  of  all  strikes,
      lockouts  and  other industrial controversies or labor disputes, and may
      appoint boards of inquiry for that purpose;
        5. Shall institute methods and procedures for the establishment  of  a
      program  for  voluntary  compliance  by employers and employees with the
      requirements of this act and all applicable safety and health  standards
      and  rules and regulations promulgated pursuant to the authority of this
      article;
        6. Shall provide a method of encouraging employers  and  employees  in
      their  efforts to reduce the number of safety and health hazards arising
      from undesirable, inappropriate, or unnecessary  working  conditions  at
      the  workplace  and  of stimulating employers and employees to institute
      new and to perfect existing programs for providing  safe  and  healthful
      working conditions;
        7.  May  provide  for  the  establishment  and  maintenance  of public
      employment offices for the purpose of securing employment for men, women
      and children;
        8.  May  make  investigations,   collect   and   compile   statistical
      information  and  report upon the conditions of labor generally and upon
      all matters relating to the enforcement and effect of the provisions  of
      this chapter and of the rules thereunder;
        9.  May  enforce  any lawful municipal ordinance, by-law or regulation
      relating to any place affected by the provisions of this chapter, not in
      conflict with provisions of this chapter;
        10.  May  investigate  the  condition  of  aliens  relative  to  their
      employment in industry;
    
        11. May issue such regulations governing any provision of this chapter
      as he finds necessary and proper.
        12.  Shall  compile  and  publish,  on  an annual basis, a list of all
      regulations and notices required to  be  posted  by  employers  for  the
      benefit  of  their  employees  pursuant  to  this  chapter, the workers'
      compensation law and any other state or federal law, rule or regulation.
        13.  Shall  adopt  regulations   prescribing   the   methodology   for
      establishing  an  ongoing  monthly  statewide cost of labor index and an
      annual county or appropriate multi-county labor  market  composite  wage
      rate,  in  consultation  with  the  commissioner  of  education, for the
      purpose of computation of building aid to school districts, as  required
      by  subparagraph  one  of  paragraph  a  of  subdivision  six of section
      thirty-six hundred two of the education law.