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4.11 w 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)