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 Day 23

Here is part of an opinion of the Appellate Division of the Second Department with regard to Labor Law § 27-a

With respect to the enactment of Labor Law § 27-a, the Memorandum of the Assembly Rules Committee (1980 NY Legis Ann, at 284-285) stated, in relevant part, that:

"The purpose of this bill is to amend the Labor Law, in relation to the safety of public employees. It is  the basic right of all employees to work in an environment that is free from hazards and risks. This right should not only be granted to private employees, but to public employees as well … Many of these public employees perform job  functions comparable to those performed by workers in the private sector who are protected by the United States Occupational Safety and Health Act of 1970 (P.L. 91-596). It is therefore found by the legislature inappropriate to continue two standards for employee safety, one applicable to those who work in the private sector and one for those who are employed by state or local government. It has also been determined that a safe place in which to work is economically advantageous to employers in the sense that work related accidents and injuries would decrease thus decreasing the employers financial liability for injuries stemming from unsafe premises."

Under Labor Law § 27-a (4) (a), the Commissioner of Labor is required to adopt all safety and health standards promulgated under OSHA. The language set forth in Labor Law § 27-a is not permissive, as it contains a specific mandate that public employers provide a safe workplace for its employees.

(See Balsamo v. City of New York, 287 A.D.2d 22, 733 NYS2d 431 (2nd Dept. 2001) 

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"Their's not to make reply,
Their's not to reason why,
Their's but to inspect and die."