MATTER OF NEW YORK STATE COALITION OF PUB. EMPLOYERS v. New York State Dep't of Labor

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Section 27-a (subd 4, par a) of the Labor Law directed the Industrial (now Labor) Commissioner to adopt by rule all safety and health standards promulgated under the United States Occupational Safety and Health Act (OSHA) which were in effect on December 27, 1980. Pursuant to this direction, the commissioner promulgated and published in the State Register a proposed rule which simply “incorporated by reference” all of the standards in 29 CFR parts 1910 and 1926. (12 NYCRR 800.3.)

In this…