N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 23-1.5 - General responsibility of employers
These general provisions shall not be construed or applied in contravention of any specific provisions of this Part (rule).
(a) Health and safety protection required.
All places where employees are suffered or permitted to perform work of any
kind in construction, demolition or excavation operations shall be so
constructed, equipped, arranged, operated and conducted as to provide
reasonable and adequate protection for the lives, health and safety of such
persons as well as of persons lawfully frequenting the area of such activity.
To this end, all employers, owners, contractors and their agents and other
persons obligated by law to provide safe working conditions, personal
protective equipment and safe places to work for persons employed in
construction, demolition or excavation operations and to protect persons
lawfully frequenting the areas of such activity shall provide or cause to be
provided the working conditions, safety devices, types of construction, methods
of demolition and of excavation and the materials, means, methods and
procedures required by this Part (rule). No employer shall suffer or permit an
employee to work under working conditions which are not in compliance with the
provisions of this Part (rule), or to perform any act prohibited by any
provision of this Part (rule).
(b)
General requirement of competency. For the performance of work required by this
Part (rule) to be done by or under the supervision of a designated person, an
employer shall designate as such person only such an employee as a reasonable
and prudent man experienced in construction, demolition or excavation work
would consider competent to perform such work.
(c) Condition of equipment and safeguards.
(1) No employer shall suffer or permit an
employee to use any machinery or equipment which is not in good repair and in
safe working condition.
(2) All
load carrying equipment shall be designed, constructed and maintained
throughout to safely support the loads intended to be imposed
thereon.
(3) All safety devices,
safeguards and equipment in use shall be kept sound and operable, and shall be
immediately repaired or restored or immediately removed from the job site if
damaged.
Notes
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