12 CRR-NY 72.3NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER I. INDUSTRIAL BOARD OF APPEALS
SUBCHAPTER B. RULES OF PROCEDURE AND PRACTICE
PART 72. APPLICATIONS FOR STAY FROM NOTICE OF DANGEROUS CONDITION (“UNSAFE NOTICE”) ISSUED PURSUANT TO SECTION 200(2) OF LABOR LAW
12 CRR-NY 72.3
12 CRR-NY 72.3
72.3 Form and content of petition.
The petition shall:
(a) contain a caption in the following form:
STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS
X
:
In the Matter of the Application of
:
(insert name of applicant)
For a stay to permit use after issuance of an
Applicant,
:
“unsafe notice” by the Commissioner of Labor
:
declaring unsafe and prohibiting the use of (
identify subject in issue
)
:
—against—
:
The Commissioner of Labor,
:
Respondent.
:
X
(b) state the address of the applicant;
(c) state the address and location of the machinery, equipment, device or area which is the subject of the notice;
(d) describe the machinery, equipment, device or area prohibited to be used;
(e) describe the manner in which the machinery, equipment, device or area is used or operated;
(f) state whether the persons using the machinery, equipment, device or area have any special training or competence and the extent of their supervision, if any;
(g) annex a complete copy of the notice sought to be stayed, including copies of any other orders, notices and supporting documents issued in connection therewith;
(h) state the facts showing why the notice is erroneous or unreasonable and, where possible, submit affidavits or other reliable, relevant evidence to justify a stay;
(i) set forth the relief requested; and
(j) be signed and verified by applicant or an authorized representative.
12 CRR-NY 72.3
Current through March 15, 2022
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