New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter XI - Division Of Safety And Health
Subchapter A - Public Employees' Safety And Health
Part 801 - Recording And Reporting Public Employees' Occupational Injuries And Illnesses
Section 801.35 - Employee involvement
Universal Citation: 12 NY Comp Codes Rules and Regs ยง 801.35
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The employer's employees and their representatives must be involved in the recordkeeping system in the following ways:
(1) the employer must inform each employee of
how he or she is to report an injury or illness to the employer;
(2) the employer must provide limited access
to its injury and illness records for its employees and their representatives
by:
(i) When an employee, former employee,
personal representative, or authorized employee representative asks for copies
of the employer's current or stored SH 900 log(s) for an establishment the
employee or former employee has worked in, the employer must give the requester
a copy of the relevant SH 900 log(s) by the end of the next business
day.
(ii) The employer must leave
the names on the SH 900 log. However, to protect the privacy of injured and ill
employees, the employer may not record the employee's name on the SH 900 log
for certain privacy concern cases, as specified in section
801.29(b) and (c)
of this Part.
(iii) When an
employee, former employee, or personal representative asks for a copy of the SH
900.2 incident report describing an injury or illness to that employee or
former employee, the employer must give the requester a copy of the SH 900.2
incident report containing that information by the end of the next business
day.
(iv) When an authorized
employee representative asks for copies of the SH 900.2 incident reports for an
establishment where the agent represents employees under a collective
bargaining agreement, the employer must give copies of those forms to the
authorized employee representative within seven calendar days. The employer is
only required to give the authorized employee representative information from
the SH 900.2 incident report section titled information about the case. The
employer must remove all other information from the copy of the SH 900.2
incident report or the equivalent substitute form that the employer gives to
the authorized employee representative.
(v) The employer may not charge for these
copies the first time they are provided. However, if one of the designated
persons asks for additional copies, the employer may assess a reasonable charge
for retrieving and copying the records.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.