OSHA Inspection: NYSMTA POLICE

Issued

Aug 6, 2008

Abate by

Nov 5, 2008

General-duty citation text

Article 2, Section 27(3)a The employer failed to furnish to each of its
employees, employment and a place of employment which are free from
recognized hazards
that are or are causing or are likely to cause death or serious physical
harm to its employees
and which will provide reasonable and adequate protection to the lives,
safety and health of
its employees;in that in many locations employees (Police Officers) are
unable to utilize
provided communication systems to summons assistance in the event of
emergency, assault
upon the employee or other life threatening incidents.
It is generally recognized that police officers are frequently assualted
and sometimes
killed while attempting to apprehend alleged perpetrators of crimes.
It is generally recognized that police officers require a system or
process to immediately
summons assistance in the event of emergency or life threatening incidents.
The risk and danger to employees and the obligation of the employer to
provide for the
employees protection was recognized by the New York State Legislature in
Article 2, Section
27b of the Labor Law requiring employers to develop and implement polices
and
programs
to prevent workplace assaults and homicides.
Reasonable and feasible abatement methods may include upgrades to the
existing radio
system by adding repeater stations in identified areas where
communications are not adequate
to allow for prompt summoning of assistance. The employer may employ other
forms of
communications such as cell phones, when in areas of limited
communication. The employer
may assign employees to work in teams of two when areas without
communication to
summons assistance and/or limit the employee's response until adequate
backup assistance
has been obtained to conduct the work safety.
The employer may also incorporate a system of accountability so that
employees are
accounted for at all times and procedures established for circumstances
when the employee
cannot be located.
In applying this paragraph, fundamental distinctions between private and
public
employment have been recognized.