N.Y. Comp. Codes R. & Regs. tit. 12 § 804.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 804.2 - Content of petition

A petition for modification of abatement date shall be in writing and shall:

(a) state the name and address of the petitioner;

(b) state the address and location of the place or places of employment affected by the petition;

(c) annex a complete copy of the notice of violation and order to comply which sets forth the standard and abatement date in issue;

(d) contain a statement by the petitioner, supported by representations from qualified persons having first hand knowledge of the facts represented, that it is unable to comply with the standard or portion thereof cited in the notice of violation and order to comply by the original abatement date and a detailed statement of the reasons therefor;

(e) contain a statement of all interim steps the employer has taken and will take, with dates specified, to protect employees against the hazard covered by the standard or portion thereof cited in the notice of violation and order to comply;

(f) contain a statement of when the petitioner expects to be able to comply with the standard or portion thereof cited in the notice of violation and order to comply and what steps it has taken and what steps it will take, with dates specified, to come into compliance with the standard;

(g) annex a certification that a copy of the petition has been posted and, if appropriate, served on the authorized representative of the affected employees in accordance with section 804.4 of this Part, including the date and location of such posting and service of the petition;

(h) set forth with particularity the relief requested; and

(i) be signed by petitioner or its representative.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 804.2