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SECTION 27
Safety and health standards
Labor (LAB) CHAPTER 31, ARTICLE 2
§ 27. Safety and health standards. 1. Application. Notwithstanding
any other provision in this chapter, a safety or health standard
promulgated under this section shall apply only to employees not covered
by a federal occupational safety or health standard promulgated under
section six of the United States Occupational Safety and Health Act of
1970 (Public Law, 91-596). Provided, however, that no standard
promulgated under this section shall apply to employees of the state,
its political subdivisions and of any other governmental agency or
instrumentality, to whom section twenty-seven-a of this chapter is
applicable.

2. Standards. a. The commissioner shall by rule adopt, amend or repeal
safety and health standards which provide reasonable and adequate
protection to the lives, safety or health of employees and of persons
lawfully frequenting a place of employment.

b. The commissioner may require licenses as a condition of carrying on
any industry, trade, occupation or process which the commissioner finds
contains special elements of danger to the lives, safety or health of
employees to whom this section is applicable or of persons lawfully
frequenting the place of employment of such employees. The commissioner
may establish a schedule of fees for such licenses, require medical
inspection and supervision of persons so employed or applying for such
employment, and may prescribe other appropriate requirements.

c. Any person who may be adversely affected by a standard issued under
this section may at any time within sixty days after the effective date
of such standard, commence a proceeding for judicial review pursuant to
article seventy-eight of the civil practice law and rules.

d. The safety and health standards promulgated under this section
shall for all purposes have the full force and effect of law and shall
be enforced in the same manner as the provisions of this article.

e. Any provision of this chapter and any rule or regulation issued
under the provisions of this chapter relating to the protection of the
safety or health of employees to whom this section is applicable and of
persons lawfully frequenting the place of employment of such persons
which is in effect on the date that this act becomes effective shall be
deemed to be a safety and health standard issued under this section,
with all provisions of this article applicable, and shall continue in
effect until superseded by a corresponding safety and health standard
issued on or after the effective date of this act.

f. The provisions of this section shall supersede any other provision
of this chapter which is inconsistent or in conflict therewith.

3. Regulations. The commissioner may promulgate such regulations as he
shall consider necessary and proper to effectuate the purposes and
provisions of this section.