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OSHA 1952.24

New York State Plan Approval

Subpart B

15 Questions & Answers
2 Interpretations

Questions & Answers

Under 1952.24(a), when did the New York State plan for State and local government employees receive initial approval?

The New York State plan for State and local government employees received initial approval on June 1, 1984. See 1952.24(a) for the approval date.

Under 1952.24(b), how many enforcement compliance officers did New York assure OSHA it would have after the April 28, 2006 revision?

The State assured OSHA it would have 29 safety compliance officers and 21 health compliance officers to carry out enforcement inspections. See the staffing assurances in 1952.24(b).

Under 1952.24(b), how many consultants did New York commit to provide consultation services, and what are their focus areas?

New York committed to 11 safety consultants and 9 health consultants to deliver consultation services in the public sector. The commitment is described in 1952.24(b).

Under 1952.24(b), did New York provide assurances about continued funding for its State plan?

Yes — New York provided satisfactory assurances of continued adequate funding to support its State plan. This assurance is described in 1952.24(b).

Under 1952.24(c), which employers and employees are covered by the New York State plan?

The New York State plan covers only State and local government employers and employees within the State of New York. See the scope statement in 1952.24(c).

Under 1952.24(c), does the New York State plan cover private-sector (non-government) employers or employees?

No — the New York State plan applies only to State and local government employers and employees and does not cover private-sector employers or employees. See 1952.24(c).

Under Part 1952, if I am a New York municipal employee, should I look to the State plan or to federal OSHA for enforcement of workplace safety standards?

If you are a State or local government employee in New York, your workplace safety enforcement is handled under the State's approved plan rather than directly by federal OSHA; the program is an approved State plan for enforcement of State standards. See the Part title 1952 and the specific New York entry at 1952.24.

Under 1952.24(b), what two types of field activity does the New York plan expressly provide staff for?

The plan provides staff for enforcement inspections (compliance officers) and for consultation services (consultants). This is specified in 1952.24(b).

Under 1952.24(b), when was the New York plan last revised as noted in the entry, and why is that date useful?

The plan was revised on April 28, 2006. The revision date is useful because it identifies the version of the plan that contains the stated staffing and funding assurances; see 1952.24(b).

Under 1952.24, where can I find additional details about New York's State Plan?

You can find additional details about the New York State Plan by reviewing the New York entry in the Federal Register listing and the linked plan information on OSHA's site; start with 1952.24 for the official listing and follow links from the page for program-specific resources. See 1952.24 for the reference.

Under 1952.24(c), does the New York State plan apply to activities or employees located outside New York State?

No — the plan applies only to State and local government employers and employees within the State of New York. Activities or employees outside the State are not covered under this listing. See 1952.24(c).

Under 1952.24(b), are the New York plan's consultants intended to serve private businesses seeking safety consultation?

No — the entry specifies that the 11 safety and 9 health consultants are to perform consultation services in the public sector, meaning they are intended for State and local government employers and employees. See 1952.24(b) and the scope at 1952.24(c).

Under 1952, what does it mean that a State Plan is "approved" (in the context of Part 1952 listings such as 1952.24)?

An "approved" State Plan means OSHA has accepted a State's program for enforcement of state standards for the covered employers and employees instead of direct federal enforcement; Part 1952 lists these approved State Plans and their scope. See 1952 and the New York listing at 1952.24.

Under 1952.24 and OSHA guidance, if a New York public wastewater treatment employee is concerned about exposure to bloodborne pathogens, how should applicability of the Bloodborne Pathogens Standard be determined?

Applicability should be determined by evaluating whether the employee has occupational exposure to blood or other potentially infectious materials (OPIM); the employer (or the State plan program) must evaluate job classifications and tasks to decide if 29 CFR 1910.1030 applies. OSHA's interpretation about wastewater and the Bloodborne Pathogens Standard explains that routine contact with diluted raw sewage generally is not considered OPIM unless visibly contaminated with blood, but employers must evaluate job duties such as first aid or handling used needles for exposure. See the New York coverage statement at 1952.24(c) and OSHA's interpretation on this topic in the letter "Bloodborne pathogens in wastewater" (July 30, 2007).

Under 1952.24 and OSHA letters, if a New York public agency operates a spray booth, where can I find federal guidance about spray booth fire-protection and ventilation requirements?

Federal guidance on spray booth definitions, required sprinklers (or alternate systems), and related storage requirements can be found in OSHA's spray booth interpretation; employers and State plan authorities should compare that guidance with any equivalent State standards. See the New York coverage statement at 1952.24(c) and OSHA's spray booth interpretation "Spray booth standards inquiry" (August 12, 2004) for practical details.