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4.11
LABOR AND POLICY ISSUES\NYS DOL PESH—Highway Violation—Pay Fine-5-3-2021
RESOLUTION AUTHORIZING PAYMENT OF FINE TO NEW YORK
STATE DEPARTMENT OF LABOR PUBLIC EMPLOYEE SAFETY AND
HEALTH BUREAU ("PESH") / COMMISSIONER OF LABOR
RESOLUTION NO.: 12021
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, on February 3, 2021, the New York State Department of Labor Public
Employee Safety and Health Bureau ("PESH") issued a Notice of Violation and Order to Comply
to the Town of Queensbury, and on March.17, 2021, PESH issued a Final Billing and assessed a
penalty against the Town of Queensbury in the amount of$1,260.00, and
WHEREAS, the Town of Queensbury disputes the Notice of Violation and Order to
Comply, but intends to pay the assessed penalty in order to avoid litigation and the resulting costs
and expenses related to this issue,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury hereby authorizes the payment of$1,260.00
to PESH/Commissioner of Labor in satisfaction of the Final Billing, and such $1,260.00 shall be
paid by May 14, 2021, to be paid from the appropriate account(s) as may be determined by the
Town Supervisor and/or Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 3`d day of May, 2021, by the following vote:
AYES
NOES
ABSENT:
2
New York State Department of Labor FEB 0 6 2021
Public Ln)ployce Salety and Hcaltli Bureau to �,
Town of Queensbury .
State Oflic•c Building Campus, t?tViSor'S OfflCe 's
Building#12, Iloorn 1:58 Sup
Albany. NY 122.40 ,cti3i,,
Phone: (518) 457-5508 l ax: (518) 485-1150
Notice of Violation and Order to Comply
To:Town Supervisor Inspection Number: 1504045
71.2 Bay Road Inspection Date(s): 11/24/.2020-11/2=4/2020
Quccn;bury, New York 12804 Issuance Date: 02/03/2021
CSHOID: N6557
Inspection Site: Queensbury Town Highway Department "!he ri6htionW d"clibed M l/Ils•Notice olT'iolation rued
7.1.2 I3ay Road Utdel.to C olnj)h•is (("u-c:)al/chcd to ha re m-clu7z•d or]or
(,ZuecrlsbUry. New York 12804 About the d.?1'(s)the ills1.)cctroll was lllddc 1111A.55 odlcY1175Y'
indicaled widlul dlc•desvi7p[nJ11,;71-en be/orr.
This Notice ol'Violation and Order to Comply (this Notice) describes violations oC the Public Employee,Salety and
Health Act ol* 1980. You must abate the violations cited ill this Notice by the elates listed below. An employer who
wishes to file ;in appeal ol'the viblation(s) cited, including but not limited to appeals which raise issues conc•crnin-the
application of* the cited standard(s) to the employer or to the violations) cited. as well as issues concerning tale
appropriateness of the abatement period(s), lutist do so within 60 clays of the issuane•e (late of this Notice by filing a
petition with the Industrial Board of.Appeals. Appeals ol' the violation(s) cited, including but not limited to appeals
raisin-tide issues listed above, will be considered time barred if*not filed within the 60-clay period. The details ol'suc•Il
appeal process are set Forth at 12 NYCRR fart 65 ct scc and Section 101 ol'the Labor Law. Additional ittli)rtnatiou
tnay also be obtained fron) the Industrial Board of Appeals at their wcbsite: ww"dabor.state.ny.us/iba.
Posting- The law requires that a copy ol'this Notice be posted immediately in a prominent place at or near the location of*
the violation(s) c•itcd below. This Notice must remain posted until the violation(s) cited below have been abated, or lia• 3
working days (excluding weekends and State holidays),wvhiclicver is longer.
Penalty Assessment- Ali employer that Iails to correct a violation by its abatement date is suljjcct to a PER DAY penalty
assessment. We will assess a penalty of up to S50 per day for cac•h non-serious violation, and up to .$200 per clay for each
serious violation,until the violations are corrected.The penalty assessed for each violation will appear in the Failure to Abate
notice.
Informal Conference - If an informal conferenc•c is requested, it must be made to the nearest PESH district office by
telephone or letter,within 20 working days from the.(late ol'issuanc•e�jvcn oil this Notice.
Be sure to bring to the conference any and all supporting docurnctltatlon of cxistitrg conditions as well as ally abatement
steps taken thus Ear.
Notice of Violation Mld Urcic r to('on)pl)' Page• 1 of 3 NYPESI 1-2(Rev.d•;'12)
Employer Discrimination Unlawful-The law prohibits discrimination by an employer against an employee for filing a
complaiiht or for exercising any rights under this Act.An employee who believes that lie/she has been discriminated against
may file a complvnt no later than 30 days after die discrimination occurred with die PESH district office at die address
shown above.
Employer Rights and Responsibilities-The enclosed booklet(P907)outlines additional employer rights and
responsibilities and should be read in conjunction with this notification.
Notice to Employees -An employee (or an audiorized employee representative) may object to die abatement(late set for
a violation if die employee believes die date to be unreasonable. The objection must be filed at die nearest PESH district
office within fifteen(15) working days (excluding weekends and State holidays)from die posting of this Notice.
Notice of'Ytolation and Order to Comply Page 2 of 3 NYPFSH-2(Rev.,t/12)
New York State Department of Labor Inspection Number. 1504045 A
Public Employee Safety and Health Bureau Inspection Date: 11/24/2020-11/24/2020
Issuance Date: 02/03/2021
CSHO ID N6557
Notice of Violation and Order to Comply
Establishment:Queensbury Town Highway Department
Inspection Site:742 Bay Road Queensbury,New York 12804
Citation 1 Item 1 'Type of Violation: Serious
1910.23(c)(1):Every open-sided floor or pladorm 4 feet or more above adjacent floor or ground level sliall be guarded by a
standard railing(or the equivalent as specified in paragraph (e)(3)of this section) on all open sides except where there is
entrance to a ramp,stairway,or fixed ladder.
a) Queensbury Town Highway Department-The open sides of dump truck boxes,which are approximately 8-9 feet above
the ground surface below,are not equipped with standard railuigs to protect employees Isom falls when installing,removing
aid walking upon steel grates that are used to silt and break up clumps of sand aiid salt. No other form of fall protection is
provided to employees that would prevent falls into the bed of the truck or onto the ground.
Acceptable nneans of abatement may include,but will not be limited to:ensuring protection from falls through use of
appropriate stair platforms and/or ladders and tools to eliminate die practice of employees walking on tie unguarded top
surface of the salt hoppers;using loading equipment to pulverize salt clumps before or after loading salt hoppers;or other
equally effective use of equipment and/or work practices to reduce employee exposure to falls.
Note: compliance with current federal OSHA regulations for employee protection under the following standards will be
deemed acceptable:
1910.28(b)(1)(i)(A) Guardrail systems;
1910.28(b)(1)W(B) Salety net systems;or
1910.28(b)(1)(i)(C) Personal fall protection systems,such as personal fall arrest,travel restraint,or positioning systems.
Date by Which Violation Must Be Abated: February 24,2021
Josepl uller
Supervising Safety and Healdi Inspector
See pages 1 through 2 of dds Nodec of Violadon and Order to Comply for uiformation on employer and employee rights and respousibilides.
Notice of Violation and Order to Comply Page 3 of 3 NYPLSH-2(1tev,4/12)
r
STATE OF NEW YORK-DEPARTMENT OF LABOR
DIVISION OF SAFETY AND HEALTH
t PUBLIC EMPLOYEE SAFETY AND HEALTH BUREAU
NOTICE TO COMPLY NVITH SECTION 27-a Date: 3/17/2021
OF THE NEW YORK STATE LABOR,LAW
Received by Reference Number: 001519503 - 10
TO EMPLOYER:
F MAR S 9 2021 � FINAL BILLING
Supervisor Town of Queensbury
Town of Queensbury Supervisor's Office
SITE ADDRESS:
742 Bay Road QUEENSBURY TN HIGHWAY DEPT
LQueensbury, New York 12804 742 BAY ROAD
QUEENSBURY, NY 12804 0000
PENALTY ASSESSMENT FOR PUBLIC EMPLOYERS
A follow-up inspection by staff of the PESH Bureau has disclosed that violations issued on a "Notice of Violation
and Order to Comply" (NYPESH-2)were not complied by the abatement date listed on the Notice.
THEREFORE, A PENALTY AMOUNT IS ASSESSED in accordance with 12 NYCRR Part 830 for each
uncomplied violation listed on the "Notification of Failure To Abate Violation and Order to Comply"
(NYPESH-2B). The PER DAY penalty started the day after the abatement day given on the Notice of Violation
(NYPESH-2) and will continue to accrue until the violation is complied and verified by the PESH Bureau. The
specific violations and daily assessments on which this total penalty is based are set forth on the reverse of this
notice. Payments made to date are reflected in the computation below. This represents the final total of all
penalties owed with regard to this inspection.
Penalty this period $ $1,26 0
$0
Penalties owed previous period
Payments received to date $ $0
Total Penalties owed to date $1,260
THEREFORE IT IS ORDERED that the employer must comply with the provisions of the Labor Law by
remitting to the Commissioner of Labor the total stun as indicated above, and it is further
ORDERED that this Order, issued after all violations have been corrected, reflects the total penalty amount due
and owing and in the event is is not paid within 60 days following the service of this Order upon the employer,
and no petition has been filed by the employer with the Industrial Board of Appeals for review of this
determination, said Order may be filed with the County Clerk where the employer resides or has a place of
business, and the Clerk shall without further notice enter judgment pursuant to §27-a(6)(d) of the New York
State Labor Law in the total amount indicated above with the stated rate of interest from the date thereof until
payment.
SH-919.1 (8.14)
In payment of the penalty assessed,please proceed as follows:
• prepare a certified check or money order,made payable to the Commissioner of Labor;
(Note: State Agencies may submit a Journal Voucher.)
* write the REFERENCE NUMBER shown above on the check or money order to insure that the
penalty payment is credited to the correct inspection;
• submit the penalty payment to the following address:
NYS DEPARTMENT OF LABOR
Division of Safety and Health
Public Employee Safety and Health Bureau
State Office Campus
Building 12-Room 158
Albany, NY 12240
If you are aggrieved by this Order you may appeal within 60 days from date issued, to the Industrial Board of
Appeals as provided by Section 101 of the Labor Law. Your appeal should be addressed to the New York State
Industrial Board of Appeals, State Office Building Campus, Building 12, Room 116, Albany, NY 12240, as
prescribed by its Rules of Procedure, a copy of which-may be obtained upon request to the Board.
FOR THE COMMISSIONER OF LABOR
By.
TJes Rogers
Deputy Commissioner of Labor
Worker Protection
VIOLATION NUMBER PER DAY AMOUNT
NUMBER START DATE END DATE OF DAYS PENALTY ASSESSED
29CFR 1910.23(C)(1) 2/25/2021 3/15/2021 1B $70 $1,260
TOTAL AMOUNT ASSESSED: $1,260
w
`v
New York State Department of Labor
Public Employee Safety and Health Bureau *Z( ,
State Office Building Campus,
Building#12, Room 158
Albany,NY 12240
Phone:(518)457-5508 Fax: (518)485-1150
Notifigatiou f1Failure to Abate!VilolaOW! and Order to Com: 1;
� Y
To: Town Supervisor Original Inspection Number: 1504045
Queensbury Town Highway Department Original Inspection Date: 11/24/2020
742 Bay Road Queensbury,New York 12804 CSHO ID: N6557
Inspection Number: 1519503
Inspection Date(s): 03/15/2021-03/15/2021
.Issuance Date: 03/24/2021
Inspection Site: Queensbury Town Highway Department
742 Bay Rd
Queensbury,New York 12804 '
A recent visit to the inspection site listed above revealed that orders issued in the Notice of Violation have not been
complied with in full. The assessment of a civil penalty has already begun, pursuant to section 27-a of the Labor law,
commencing on the penalty start dates(s)and in the amount(s)set forth below.
All penalties shall continue to accrue on a daily basis until full compliance is achieved.
A final inspection has been scheduled on or about the Date of Final Inspection given below. Final Inspection.Unless all
orders are complied with by such date,the Commissioner of Labor must refer the case to the Attorney General for
appropriate action.
Notification of Failure to Abate Alleged Violations Page 1 of 2 OSHA-2B(Rev.9/93)
New York State Department of Labor t�
Public Employee Safety and Health Bureau
Notification of Failure to Abate Violation and Order to Comply
Original Inspection Number: 1504045 Inspection: 1519503
Original Inspection Date: 11/24/2020 Inspection Date: 03/15/2021-03/15/2021
Issuance Date: 03/24/2021
Establishment: Queensbury Town Highway Department
Inspection Site: 742 Bay Road Queensbury,New York 12804
Citation 1 Item 1
Type of Violation: FTA-Serious
1910.23(c)(1):Every open-sided floor or platform 4 feet or more above adjacent floor or ground level shall be guarded by
a standard railing(or the equivalent as specified in paragraph(e)(3)of this section)on all open sides except where there is
entrance to a ramp,stairway,or fixed ladder.
a)Queensbury Town Highway Department-The open sides of dump truck boxes,which are approximately 8-9 feet above
the ground surface below,are not equipped with standard railings to protect employees from falls when installing,
removing and walking upon steel grates that are used to sift and break up clumps of sand and salt.No other form of fall
protection is provided to employees that would prevent falls into the bed of the truck or onto the ground.
Acceptable means of abatement may include,but will not be limited to: ensuring protection from falls through use of
appropriate stair platforms and/or ladders and tools to eliminate the practice of employees walking on the unguarded top
surface of the salt hoppers; using loading equipment to pulverize salt clumps before or after loading salt hoppers;or other
equally effective use of equipment and/or work practices to reduce employee exposure to falls.
Note:compliance with current federal OSHA regulations for employee protection under the following standards will be
deemed acceptable:
1910.28(b)(1)(i)(A)Guardrail systems;
1910.28(b)(1)(i)(B) Safety net systems;or
1910.28(b)(1)(i)(C)Personal fall protection systems,such as personal fall arrest,travel restraint,or positioning systems.
Penalty Amount Per Da v $70
Start Date February 25,2021
Penalty Stop Date March 15,2021
Final Inspection Date March 15,2021
Jose Fuller
Supervising Safety and Health Inspector
Notification of Failure to Abate Violation and Order to Comply Page 2 of 2 OSHA-2B(Rev.9/93)