The federal government enforces thousands of laws, rules and regulations but individual states are permitted, and expected, to enact laws distinct from federal law. New York State certainly is no exception. On top of (or rather under) federal and state laws are also local (such as county and municipal) statutes that are relevant too.
Employers in the manufacturing and construction industries are expected to be familiar with all laws and regulations that impact their respective businesses. Meeting this challenge is difficult if not impossible but unfamiliarity with the rules is not acceptable (remember the saying “ignorance of the law is no excuse”?)
Occupational safety through accident and illness prevention generally is overseen by OSHA but other state or local authorities in New York have jurisdiction too, typically over existing factories, warehouses and jobsites where a building is under construction. These local officials primarily are code enforcement officers or firefighters assigned to fire prevention duties.
What happens, however, when a business is subject to an inspection by both OSHA and local officials? Although it is very unlikely that both local and federal inspectors would be visiting a site simultaneously, it is more likely that a business owner could receive a list of deficiencies from both, for example, within a six-month period.
The nationwide movement to adopt the International Code Council (ICC) code collection, also known as the I Codes, is on-going and it has standards that are similar to OSHA’s. For example, a section of OSHA’s 1910 Subpart E regulates “Means of Egress” whereas portions of the ICC Fire Code include means of egress requirements too. Since New York State began enforcing the I Codes almost twenty years ago, expect local officials to interpret and apply New York’s version of this code.
The potential for conflict certainly exists when two different authorities have jurisdiction, whether in the interpretation or application or simply a difference of opinion. The property owner may be “caught in the middle” as the two sides decide what course of action to take.
Typically, federal laws overrule state and local laws, but a review of the OSHA website and a thorough search of the agency’s archives does not paint a conclusive picture. An electronic inquiry sent to the agency regarding this matter received no response, however information regarding OSHA’s possible future recognition of some of the relevant I Codes was mentioned on its website.
Probably the best approach to resolving any disputes between local and federal authorities is to schedule a meeting with both to discuss their areas of concern, hoping that “common ground” will be reached. The similar goals of the respective government agencies to protect employees by ensuring that the facilities in which they work are free from hazards should help find solutions that all parties involved will accept.