OSHA Inspection: SUFFOLK CO PD 2ND PRECINCT

Issued

Nov 15, 2011

Abate by

Dec 30, 2011

Issued

Nov 15, 2011

Abate by

Feb 10, 2012

Issued

Nov 15, 2011

Abate by

Sep 29, 2012

General-duty citation text

NYSLL Article 2, Section 27-a.3.a(1):  The employer did not furnish to
each of its employees,
employment and a place of employment which was free from recognized
hazards that are causing
or were likely to cause death or serious physical harm to its employees
and which will provide
reasonable and adequate protection to the lives, safety or health of its
employees.  In applying
this paragraph, fundamental distinctions between private and public
employment have been
recognized.
a) Suffolk Co PD 2nd Pct - On February 22, 2009 at approximately 4:12am a
fatal vehicle
accident occurred at Commack Road at the intersection of Vanderbilt Motor
Parkway,
Commack, NY.  The police vehicle, a 2006 Ford Crown Victoria, SCPD,
operated by Suffolk
County Police Officer Glen Ciano entered the intersection at a minimum
speed range between
82 to 85 miles per hour without the use of emergency lights or siren at
time
of impact.  The
posted speed limit was 40 miles per hour.  The intersection was provided
with traffic control
devices.
The hazards, prohibitions and exemptions for driving emergency vehicles
above the posted speed
limit have been documented through rules, regulations, and procedures in:
the New York State
Vehicle and Traffic Law.
The employers general orders #07-08 defines Emergency Response, Urgent
Response requiring
Emergency Lights and Siren use and Non-Emergency Routine Calls where the
use of Lights and
siren are not authorized.
Training outlines of the Suffolk County Police Academy's Emergency Vehicle
Operation Course
provide the legal aspects of emergency driving in Module 1.1-1.4 "Legal
Aspects of Law
Enforcement Driving".
These Documents were submitted for review to the "New York State Law
Enforcement
Accreditation Program" for Police Department Accreditation by the New York
State
Division
of Criminal Justice Services. These programs were identified by the
Division of Criminal Justice
Services as necessary for accreditation, pursuant to accreditation
standards 39.1, 42.3, 43.1, and
47.2.
The hazard of driving vehicles above the posted speed limit is likely to
cause death or serious
physical harm when involved in a vehicular collision.  Police Department
units regularly respond
to vehicular accidents involving death or serious physical harm to drivers
and passengers of
involved vehicles.
Reasonable and adequate methods available and likely to correct the hazard
include but are not
limited to:
1. Enforce existing General Orders dealing with emergency response and
urgent response
procedures.
2. Provide for a method to ensure compliance with existing General Orders,
Identify employees who need retraining in these areas