Section 27-A. Safety and health standards for public employees

1.
  Definitions. As used in this section:
    a. "Employer" means the state, any political subdivision of the state,
  a public authority or any other governmental agency  or  instrumentality
  thereof.
    b. "Employees" means persons permitted to work by an employer.
    c. "Authorized  employee  representative" means an employee authorized
  by the  employees  or  the  designated  representative  of  an  employee
  organization recognized or certified to represent the employees pursuant
  to article fourteen of the civil service law.
    d. "Public  employee"  means  any employee of the state, any political
  subdivision of the state, a public authority or any  other  governmental
  agency or instrumentality.
    e.  "System  components"  means  life safety harness, belts, ascending
  devices, carabiners, descent control  devices,  rope  grab  devices  and
  snap-links.
    2.  Application.  A  safety  or  health standard promulgated under the
  provisions of this section shall apply to every public employee and  the
  commissioner  shall have exclusive authority to enforce such standard in
  accordance with the provisions  of  this  chapter,  notwithstanding  any
  other  safety  or health standard or any other provision in this chapter
  or in any other general, local or special law or charter. However,  this
  section  shall not supersede any inconsistent provision of the education
  law, as applied to any school building certified by the commissioner  of
  education  as  being  in  compliance  with such law, and the regulations
  promulgated pursuant thereto, on the effective date of this section,  or
  as  applied to any application for certification which is pending before
  the effective date of this section.
    3. Duties. a. Every  employer  shall:  (1)  furnish  to  each  of  its
  employees,  employment  and  a  place  of employment which are free from
  recognized hazards that are causing or are  likely  to  cause  death  or
  serious physical harm to its employees and which will provide reasonable
  and adequate protection to the lives, safety or health of its employees;
  and  (2)  comply  with the safety and health standards promulgated under
  this section.  In  applying  this  paragraph,  fundamental  distinctions
  between private and public employment shall be recognized.
    b.  Every  employee  shall comply with the safety and health standards
  and all rules, regulations and orders issued pursuant  to  this  section
  which are applicable to his own actions and conduct.
    c.  The  state  shall  promulgate  a  plan  for  the  development  and
  enforcement of occupational safety and health standards with respect  to
  public  employers and employees, in accordance with section eighteen (b)
  of the United States Occupational Safety and Health Act of 1970  (Public
  Law  91-596)  which provides: "(b) Any State which, at any time, desires
  to assume responsibility for  development  and  enforcement  therein  of
  occupational  safety  and  health standards relating to any occupational
  safety or health issue with respect to which a Federal standard has been
  promulgated  under  section  6  shall  submit  a  State  plan  for   the
  development of such standards and their enforcement."
    4.  Safety  and  health  standards.  a. The commissioner shall by rule
  adopt all safety and  health  standards  promulgated  under  the  United
  States  Occupational  Safety and Health Act of 1970 (Public Law, 91-596)
  which are in effect on the effective date of this section, in  order  to
  provide  reasonable  and  adequate  protection  to the lives, safety and
  health of public employees and shall promulgate and  repeal  such  rules
  and  regulations  as  may  be  necessary  to  conform  to  the standards
  established pursuant to such act or pursuant  to  paragraph  b  of  this
  subdivision.

    b.  Notwithstanding the provisions of paragraph a of this subdivision,
  the commissioner, in consultation with the state occupational safety and
  health hazard abatement board, shall promulgate  rules  and  regulations
  recommended to him by such board which establish standards whenever such
  board  finds  (i)  that  no  federal  standard exists for the particular
  condition being addressed and that such a standard is necessary for  the
  protection  of  the public employees at risk, or (ii) a federal standard
  exists, but conditions in public workplaces  in  this  state  require  a
  different  standard,  and  such  state  standard  will  be  at  least as
  effective in providing safe and healthful places of  employment  as  the
  federal standard.
    c.  Except for an employer located in a city with a population of over
  one million, any employer who employs a firefighter shall provide safety
  ropes  and  system  components  for  use  by   such   firefighter.   The
  commissioner  shall  by  rule adopt the codes, standards and recommended
  practices promulgated by  the  most  recent  edition  of  National  Fire
  Protection  Association  1983, Standard on Fire Service Life Safety Rope
  and System Components, and as are appropriate to the nature of the  risk
  to  which the firefighter shall be exposed. Such safety ropes and system
  components shall be adequate to protect the health  and  safety  of  the
  firefighter.   The   employer  shall  ensure  that  the  firefighter  is
  instructed in the proper use of the safety ropes and system components.
    In order to ensure  the  adequacy  of  the  safety  ropes  and  system
  components, the employer must routinely inspect and ensure that:
    (1)  Existing  safety  ropes  and  system  components  meet the codes,
  standards and recommended practices adopted by the commissioner.
    (2) Existing safety ropes and system components  still  perform  their
  function  and  to  identify  any  of  their  limitations such as but not
  limited to:
    (i) Checking the labels or stamps on the equipment; and
    (ii) Checking any documentation or equipment specifications; and
    (iii) Contacting the supplier or the approval agency;
    (3) Firefighters are informed of the limitations of any  safety  ropes
  and system components;
    (4)  Firefighters  are not allowed or required to use any safety ropes
  or system components beyond their limitations;
    (5) Existing and new  safety  ropes  and  system  components  have  no
  visible defects that limit their safe use;
    (6)  Safety  ropes and system components are used, cleaned, maintained
  and stored according to manufacturer's instructions;
    (7) The firefighter is instructed in identifying to the  employer  any
  defects  that  the  firefighter  may  find  in  safety  ropes and system
  components; and
    (8) Any identified defects are corrected or immediate action is  taken
  by the employer to eliminate the use of this equipment.
    d. Any person who may be adversely affected by a standard issued under
  this  section  may,  within thirty days after the effective date of such
  standard, commence a proceeding for judicial review pursuant to  article
  seventy-eight of the civil practice law and rules.
    5.  Inspections.  a.  Any  employee or representative of employees who
  believes that a violation of a safety or health standard exists, or that
  an imminent danger exists, may request an inspection by giving notice to
  the commissioner of such violation or danger. Such  notice  and  request
  shall  be  in writing, shall set forth with reasonable particularity the
  grounds  for  the  notice,  shall  be  signed  by   such   employee   or
  representative  of  employees,  and  a  copy  shall  be  provided by the
  commissioner to the employer or the person in charge no later  than  the
  time of inspection, except that on the request of the person giving such

  notice,   his   name   and   the   names   of  individual  employees  or
  representatives of employees shall be withheld. Such  inspections  shall
  be made forthwith.
    b.  A  representative  of  the  employer  and  an  authorized employee
  representative  shall  be  given  the  opportunity  to   accompany   the
  commissioner  during  an  inspection  for  the  purpose  of  aiding such
  inspection. Where there is no authorized  employee  representative,  the
  commissioner  shall  consult  with  a  reasonable  number  of  employees
  concerning matters of safety and health in the workplace.
    c. The authority of the commissioner to inspect a premises pursuant to
  such an employee complaint shall not be limited to the alleged violation
  contained in such complaint. The commissioner may inspect any other area
  of the premises in which he has reason to believe that  a  violation  of
  this section exists.
    d. No employee who accompanies the commissioner on an inspection shall
  suffer any reduction in wages.
    e.   The  commissioner  may,  upon  his  own  initiative,  conduct  an
  inspection of any premises occupied by  a  public  employer  if  he  has
  reason to believe that a violation of this section has occurred or if he
  has  a  general administrative plan for the enforcement of this section,
  including  general  schedule  inspections,  which  provide  a   rational
  administrative   basis  for  such  inspecting.  Within  ninety  days  of
  enactment of this paragraph the commissioner shall publish  the  general
  administrative  plan  and  shall  adopt  regulations  on  the conduct of
  inspections in locker rooms  and  other  areas  involving  the  personal
  property and privacy rights of public employees.
    f.  Any  information  obtained  by the commissioner under this section
  shall be obtained with a minimum burden upon the employers.
    5-a. Notwithstanding any other provisions of law, when a  request  for
  an  inspection has been made in a situation where there is an allegation
  of an imminent danger such that an employee would be subjecting  himself
  or herself to serious injury or death because of the hazardous condition
  in  the workplace, the inspection shall be given the highest priority by
  the department and shall be carried out immediately.
    6. Enforcement procedures. a. If the commissioner determines  that  an
  employer has violated a provision of this section, or a safety or health
  standard  or  regulation promulgated under this section, he or she shall
  with reasonable promptness issue to the  employer  an  order  to  comply
  which  shall describe particularly the nature of the violation including
  a reference to the provision of this section,  standard,  regulation  or
  order  alleged  to  have  been violated, shall fix a reasonable time for
  compliance and may establish the penalty to be assessed for  failure  to
  correct  the violation by the time fixed for compliance. An employer who
  fails  to  correct  a  non-serious  violation  by  the  time  fixed  for
  compliance  may  be  assessed a civil penalty of up to fifty dollars per
  day until the violation is corrected. An employer who fails to correct a
  serious violation by the time fixed for compliance  may  be  assessed  a
  civil  penalty  of up to two hundred dollars per day until the violation
  is  corrected.  Pursuant  to  section  18(k)  of   the   United   States
  Occupational  Safety  and  Health  Act  of  1970 (Public Law, 91-596), a
  serious violation shall be deemed to exist in a place of  employment  if
  there  is  a substantial probability that death or serious physical harm
  could result from  a  condition  which  exists,  or  from  one  or  more
  practices,  means,  methods,  operations,  or  processes which have been
  adopted or are in use, in such place of employment unless  the  employer
  did  not,  and could not with the exercise of reasonable diligence, know
  of the presence of the  violation.  A  non-serious  violation  shall  be
  defined  as  any  violation  that  does not fall under the definition of

  serious violation. The commissioner shall not assess a  penalty  against
  an  employer  for  failure to correct a violation of a standard which is
  the subject of an application for a temporary order granting a  variance
  or  a violation which is the subject of a petition to modify an order to
  comply, provided however, that upon issuance by the  commissioner  of  a
  determination  denying  such  variance  or  petition  to modify, or upon
  expiration of a temporary variance or modified  compliance  period,  the
  time  fixed  for  compliance  shall  recommence  and the employer become
  liable for the penalties provided herein.
    b. Where the commissioner issues to an employer an  order  to  comply,
  the  employer  shall  post such order or a copy thereof in a conspicuous
  place at or near each place of violation cited in the order, where it is
  clearly visible to affected employees. The commissioner shall make  such
  order available to employee representatives.
    c.  Any  employer,  or  other party affected by a determination of the
  industrial commissioner issued pursuant to this section may petition the
  industrial  board  of  appeals  for  review  of  such  determination  in
  accordance with section one hundred one of this chapter. Judicial review
  of  the  decision  of the industrial board of appeals may be obtained by
  any party affected by such decision by commencing a proceeding  pursuant
  to  article  seventy-eight  of  the  civil practice law and rules within
  sixty days after such decision is issued.
    d. If the time for compliance with an order of the commissioner issued
  pursuant to this section has elapsed, and the employer has not  complied
  with  the  provisions of the order, the commissioner shall seek judicial
  enforcement of such order by commencing a proceeding pursuant to article
  seventy-eight of the civil practice law and rules. Where an employer has
  complied with an order in all respects  other  than  the  payment  of  a
  penalty  imposed pursuant to this subdivision, the commissioner may file
  with the county clerk of the county where the employer has its place  of
  business  the  order  of the commissioner continuing the amount of civil
  penalty found to be due. The filing of such order shall  have  the  full
  force  and  effect  of  a  judgment  duly docketed in the office of such
  clerk. The order or decision may be enforced by and in the same  manner,
  and  with  like effect, as that prescribed by the civil practice law and
  rules for the enforcement of a money judgment.
    7. Injunction proceedings. a. The supreme court  of  the  state  shall
  have   jurisdiction,  upon  petition  of  the  industrial  commissioner,
  pursuant to the civil practice law and rules to restrain any  conditions
  or  practices  in  any  place of public employment which are such that a
  danger exists which could reasonably  be  expected  to  cause  death  or
  serious physical harm immediately or before the imminence of such danger
  can  be  eliminated  through the abatement procedures otherwise provided
  for by this section. Such proceeding shall be brought in the  county  in
  which  the  violation  is  alleged to exist. Any order issued under this
  section may require such steps to be taken as may be necessary to avoid,
  correct or remove such imminent danger and prohibit  the  employment  or
  presence  of  any individual in locations or under conditions where such
  imminent danger exists, except individuals whose presence  is  necessary
  to  avoid,  correct,  or  remove such imminent danger or to maintain the
  capacity of a continuous process operation to resume  normal  operations
  without  a  complete  cessation  of  operations, or where a cessation of
  operations is necessary, to permit such to be accomplished in a safe and
  orderly manner. The employer may contest  such  order  pursuant  to  the
  civil practice law and rules.
    b.  Whenever  and as soon as an inspector concludes that conditions or
  practices described in paragraph a of  this  subdivision  exist  in  any
  place  of  public employment, he shall inform the affected employees and

  employers of the danger and that he is recommending  to  the  industrial
  commissioner that relief be sought.
    c.  If  the  industrial  commissioner  fails to seek relief under this
  section within forty-eight hours of being notified  of  such  condition,
  any  employee  who  may  be  injured  by  reason of such failure, or the
  authorized  employee  representative  of  such   employees,   may   seek
  injunctive relief as provided in paragraph a of this subdivision.
    8.  Variances.  a.  Any  employer  may apply to the commissioner for a
  temporary order granting a variance from a  standard  or  any  provision
  thereof  promulgated  under  this section. Such temporary order shall be
  granted only if the  employer  files  an  application  which  meets  the
  requirements of paragraph b of this subdivision and establishes that (1)
  he  is unable to comply with a standard by its effective date because of
  unavailability of professional or technical personnel  or  of  materials
  and  equipment  needed  to  come  into  compliance  with the standard or
  because necessary construction or alteration  of  facilities  cannot  be
  completed by the effective date, (2) he is taking all available steps to
  safeguard employees against the hazards covered by the standard, and (3)
  he has an effective program for coming into compliance with the standard
  as  quickly  as  practicable.  Any  temporary  order  issued  under this
  subdivision shall prescribe the practices,  means,  methods,  operations
  and  processes  which the employer must adopt and use while the order is
  in effect and state in detail his program  for  coming  into  compliance
  with  the  standard.  Such  a  temporary order may be granted only after
  notice to employees and an  opportunity  for  a  hearing,  provided  the
  commissioner  may  issue  one  interim  order  to  be  effective until a
  decision is made on the basis of the hearing. No temporary order may  be
  in  effect  for longer than the period needed by the employer to achieve
  compliance with the standard or one year, whichever is  shorter,  except
  that  such  an  order  may be renewed not more than twice so long as the
  requirements of this subdivision are  met  and  if  an  application  for
  renewal  is  filed  at least ninety days prior to the expiration date of
  the order. No interim renewal of an order may remain  in  effect  longer
  than one hundred and eighty days.
    b.  An application for a temporary variance order shall contain: (1) a
  specification of the standard or portion thereof from which the employer
  or owner seeks  a  variance;  (2)  a  representation  by  the  employer,
  supported  by  representations from qualified persons who have firsthand
  knowledge of the facts represented, that he is unable to comply with the
  standard or portion thereof and a  detailed  statement  of  the  reasons
  therefor;  (3) a statement of the steps he has taken and will take, with
  specific dates, to protect employees against the hazard covered  by  the
  standard;  (4)  a statement of when he expects to be able to comply with
  the standard and what steps he has taken and what steps  he  will  take,
  with dates specified, to come into compliance with the standard; and (5)
  a certification that he has informed his employees of the application by
  giving  a  copy  thereof  to  their authorized representative, posting a
  statement giving a summary of the application  and  specifying  where  a
  copy  may  be examined at the place or places where notices to employees
  are normally posted, and by other appropriate means.  A  description  of
  how   employees   have   been   informed   shall  be  contained  in  the
  certification. The information to employees shall also  inform  them  of
  their right to petition the commissioner for a hearing. The commissioner
  is  also  authorized  to  grant  a variance from any standard or portion
  thereof whenever he determines that such variance is necessary to permit
  an employer to participate in an experiment approved by him designed  to
  demonstrate  or  validate  new  and improved techniques to safeguard the
  health or safety of workers.

    c. Any affected employer may apply to the commissioner for a  rule  or
  order  for  a  variance  from a standard promulgated under this section.
  Affected employees shall be given notice of each such application and an
  opportunity to participate in a hearing. The  commissioner  shall  issue
  such rule or order if he determines on the record, after opportunity for
  an inspection where appropriate and a hearing, that the proponent of the
  variance  has  demonstrated  by a preponderance of the evidence that the
  conditions, practices, means, methods, operations or processes  used  or
  proposed to be used by an employer will provide employment and places of
  employment  which are as safe and healthful as those which would prevail
  if he complied with the standard. The rule  or  order  so  issued  shall
  prescribe  the conditions the employer must maintain, and the practices,
  means, methods, operations and processes which he must adopt and utilize
  to the extent they differ from the standard in question. Such a rule  or
  order  may  be  modified or revoked upon application by an employer, any
  employee or employee representative, or by the commissioner on  his  own
  motion, in the manner prescribed for its issuance under this subdivision
  at any time after six months from its issuance.
    d. Any person, who may be adversely affected by a rule or order issued
  under  this  subdivision  may challenge the validity or applicability of
  such rule or order  by  commencing,  within  sixty  days,  a  proceeding
  pursuant to article seventy-eight of the civil practice law and rules.
    9.   Recordkeeping.   a.   In   accordance   with  the  commissioner's
  regulations, each employer shall  make,  keep  and  preserve,  and  make
  available  to  the  commissioner  such  records regarding his activities
  relating  to  this  section  as  the  commissioner  deems  necessary  or
  appropriate   for   developing  information  regarding  the  causes  and
  prevention of occupational accidents and illness. Such  regulations  may
  include  provisions requiring employers to conduct periodic inspections.
  The commissioner shall also issue regulations requiring that  employers,
  through  posting  of  notices, training or other appropriate means, keep
  their employees informed of their protections.
    b. The commissioner shall prescribe regulations requiring employers to
  maintain accurate  records  and  to  make  public  periodic  reports  of
  work-related  deaths,  and  injuries  and  illnesses  other  than  minor
  injuries requiring only first aid treatment and  which  do  not  involve
  lost   time   from  work,  medical  treatment,  loss  of  consciousness,
  restriction of work or motion or transfer to another job.
    c. The commissioner shall issue  regulations  requiring  employers  to
  maintain  accurate  records  of  employee exposures to potentially toxic
  materials or harmful physical agents which the regulation requires to be
  monitored or measured. Such regulations shall provide employees or their
  representatives with  an  opportunity  to  observe  such  monitoring  or
  measuring and have access to the records thereof. Such regulations shall
  also make appropriate provisions for each employee or former employee to
  have  access  to such records as will indicate his own exposure to toxic
  materials or harmful  physical  agents.  Each  employer  shall  promptly
  notify  any employee who has been or is being exposed to toxic materials
  or harmful physical agents in concentrations or at levels  which  exceed
  those  prescribed  by  any  safety and health standard promulgated under
  this section, and shall inform any employee who is being exposed of  the
  corrective action being taken and the time limit for correction.
    10. Discrimination against employees. a. No person shall discharge, or
  otherwise discipline, or in any manner discriminate against any employee
  because such employee has filed any complaint or instituted or caused to
  be  instituted  any  proceeding  under or related to this section or has
  testified or is about to testify in any such proceeding, or  because  of

  the  exercise  by  such  employee  on behalf of himself or others of any
  right afforded by this section.
    b. Any employee who believes that he has been discharged, disciplined,
  or  otherwise  discriminated  against by any person in violation of this
  subdivision may, within thirty days after such violation occurs, file  a
  complaint  with  the  commissioner  alleging  such  discrimination. Upon
  receipt  of  such  complaint,  the   commissioner   shall   cause   such
  investigation  to  be  made  as  he  deems  appropriate,  and  shall, if
  requested withhold the name of the complainant  from  the  employer.  If
  upon such investigation, the commissioner determines that the provisions
  of  this  subdivision  have been violated, he shall request the attorney
  general to bring an action in the supreme court against  the  person  or
  persons  alleged to have violated the provisions of this subdivision. In
  any such action the supreme court shall  have  jurisdiction,  for  cause
  shown,  to  restrain  violations  of  this  subdivision  and  order  all
  appropriate relief, including rehiring or reinstatement of the  employee
  to his former position with all back pay.
    c.  Within ninety days of this receipt of a complaint filed under this
  subdivision the  commissioner  shall  notify  the  complainant  and  his
  representative by registered mail of his determination.
    d.  Nothing in this subdivision shall be deemed to diminish the rights
  of any  employee  under  any  law,  rule  or  regulation  or  under  any
  collective bargaining agreement.
    11.  Wherever notice is required to be given to an authorized employee
  representative  under  this  section,  notice  shall  be  given  to  all
  organizations representing employees at the worksite in question. Notice
  should  be given to the office of the employee representative as well as
  to the representative at the worksite.  Representatives  who  wish  this
  dual  notice  must  inform  the  department  of  the person who is to be
  notified. Such notice shall be in writing unless the inspection is being
  conducted under subdivision five-a of this section.
    12. The  commissioner  may  initiate  voluntary  compliance  programs,
  including, but not limited to, a public employee consultation program to
  provide  on-site consultation to public employers desiring such services
  as an  adjunct  to  the  commissioner's  inspections  pursuant  to  this
  section.  Whenever  an  on-site  consultation  is  performed  under this
  subdivision, a report shall be issued of any findings  of  noncompliance
  with the regulations promulgated under this section and the report shall
  be made public.
    13.  Regulations.  The  commissioner  may  promulgate  such procedural
  regulations as he shall consider necessary and proper to effectuate  the
  purposes and provisions of this section.
    14. A commission to report on the operation and effect of this section
  is hereby established. a. Such commission shall examine the incidence of
  work  related injuries, the incidence of injuries to the public, and the
  effect of this section upon insurance costs of  public  employers.  Such
  commission  shall  be  empowered  to  recommend additional or corrective
  legislation to advance the purposes of this section.
    b. Such commission shall be composed of three  members,  one  of  whom
  shall  be  chosen  by  the speaker of the assembly, one of whom shall be
  chosen by the temporary president of the senate, and one of  whom  shall
  be chosen by the governor.
    c.  Members of the commission shall serve without compensation, except
  for expenses reasonably incurred in the discharge of their duties  under
  this subdivision.
    d. The commission shall issue an interim report to the legislature and
  the  governor, which report shall be issued one year after the effective

  date of this section. A final report shall be  issued  two  years  after
  such effective date.
    15.  New  York  state  occupational safety and health hazard abatement
  board; creation and procedure. a. The New York state occupational safety
  and health hazard abatement board is hereby created to have and exercise
  the powers, duties and prerogatives provided by the provisions  of  this
  subdivision.
    b. The membership of the board shall consist of five persons appointed
  by  the  governor  of  whom  one shall be upon the recommendation of the
  temporary president of the senate, one upon the  recommendation  of  the
  speaker  of  the  assembly, and one upon the recommendation of the state
  comptroller. Members shall serve at the pleasure of  the  governor,  and
  the  governor  may  replace any member in accordance with the provisions
  contained herein for the appointment of members.
    The governor shall designate one of the members to serve as  chairman.
  The  board  shall act by a majority vote of its members, and a quorum to
  conduct business shall consist of three members.  Any  determination  of
  the  board shall be evidenced by a certification thereof executed by all
  the members present and voting.  Each  member  of  the  board  shall  be
  entitled  to  designate a representative to attend meetings of the board
  in his place, and to vote or otherwise act on his behalf in his absence.
  Such representative shall not be  authorized  to  delegate  any  of  his
  duties  or  functions  to  any  other person. Notice of such designation
  shall be furnished in writing to the board by the designating member.  A
  representative  shall  serve  at  the pleasure of the designating member
  during the member's term of office.
    c. No elected public officer or public employee shall be eligible  for
  appointment as a member of the board.
    d.  The  members  of  the  board and their representatives shall serve
  without  salary  or  per  diem  allowance  but  shall  be  entitled   to
  reimbursement   for  actual  and  necessary  expenses  incurred  in  the
  performance of their official duties pursuant to this section,  provided
  however  that such members and representatives are not, at the time such
  expenses are incurred, public employees  or  public  officers  otherwise
  entitled to such reimbursement.
    e.  The  board shall meet at least four times a year with at least one
  meeting in each calendar quarter. The chairman shall designate the  days
  of  meeting,  and  shall  provide  each member with at least three weeks
  written notice of the date of such meeting.
    f. Staff  services  for  the  board  shall  be  performed  insofar  as
  practicable,  by  personnel  of  the  department  of  labor.  Additional
  professional and technical services may  be  secured  from  other  state
  departments or agencies, with the consent of the head of such department
  or agency.
    16.  New  York  state  occupational safety and health hazard abatement
  board;  powers  and  duties.  (A)  a.  The  board  created  pursuant  to
  subdivision  fifteen  of this section shall have the power, and it shall
  be its duty to receive, review and act upon applications for funding  of
  capital  projects  designed  to  abate  occupational  safety  and health
  hazards which have  been  found  by  the  commissioner  to  violate  the
  provisions  of this section or which have been identified in a report of
  the  public  employee  consultation  program.  The  board   shall   fund
  seventy-five  percent  of  the  cost  of  any  capital abatement project
  necessary to comply with an order issued by the commissioner pursuant to
  the provisions of this section  or  with  a  recommendation  for  hazard
  abatement issued by the public employee consultation program.

    b.  In  determining the order in which applicants shall receive grants
  from the fund, and the amount of such funding, the board shall  consider
  the following factors:
    (1) the degree of possible physical harm which the hazard to be abated
  could inflict on the public employees and other citizens at risk;
    (2) the imminent nature of the possible infliction of harm;
    (3) the number of public employees and other citizens at risk;
    (B)  a.  The  board  shall have the power, and it shall be its duty to
  receive, review, and act upon  applications  for  funding  for  programs
  designed   to  provide  occupational  safety  and  health  training  and
  education  for  employees  pursuant  to  the   provisions   of   article
  twenty-nine of this chapter.
    b.  The  board  shall,  by  the promulgation of rules and regulations,
  establish procedures and criteria that are necessary and appropriate  to
  carry  out  the provisions of article twenty-nine of this chapter, which
  shall include criteria for the evaluation and selection of  applications
  for grants and the auditing of performance thereunder.
    (C)  a.  The  board  may  require  as  part  of such applications made
  pursuant to the provisions of this subdivision such  information  as  it
  deems necessary and shall act upon such applications within a reasonable
  time.    The  board  shall  furnish  the  state  budget  director, state
  industrial commissioner, state comptroller, temporary president  of  the
  senate  and  speaker  of  the  assembly  with a copy of each application
  within three days following receipt thereof by the board.
    b. That a employer has applied for funds pursuant to the provisions of
  this subdivision shall not relieve that employer of  the  obligation  to
  correct any violation of this section by variance or other means.
    (D)  a.  The  board,  in  the  formulation  of  standards  pursuant to
  paragraph b of subdivision four of this section, shall have the power to
  conduct public hearings, administer oaths  and  take  sworn  or  unsworn
  testimony  at  such  hearings.  The board may, by subpoena issued by the
  chair, compel the attendance of witnesses  and  the  production  of  all
  books,  records  and other evidence relative to any matter under inquiry
  in the formulation of such standards.
    b. The board may contract with occupational health  professionals  and
  industrial   safety  engineers  to  provide  expert  assistance  in  the
  formulation of standards pursuant to paragraph b of subdivision four  of
  this section.
    c.  The  board  is  authorized,  after  public  hearings, to recommend
  standards to the commissioner. The board, in addition to acting  on  its
  own   initiative,   shall  review,  consider  and  make  recommendations
  regarding requests for new standards presented to such board  by  public
  employers, employees or authorized employee representatives.