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New York Labor Law Section 21 - General Powers And Duties Of Commissioner.Legal Research Home > New York Lawyer > Labor > New York Labor Law Section 21 - General Powers And Duties Of Commissioner.
§ 21. General powers and duties of commissioner. The commissioner
shall be the administrative head of the department and shall have,
notwithstanding any provision of law to the contrary, general
administrative supervision over the several divisions, boards,
commissions, bureaus, and agencies thereof whether established under the
provisions of this chapter or the workmen's compensation law and in
connection therewith, the commissioner:
1. Shall enforce all the provisions of this chapter and may issue such
orders as he finds necessary directing compliance with any provision of
this chapter, except as in this chapter otherwise provided;
2. Shall cause proper inspections to be made of all matters prescribed
by this chapter;
3. Shall cause investigations to be made of the condition of women in
industry;
* 3-a. Shall prepare and submit to the governor, the temporary
president of the senate and the speaker of the assembly on or before the
thirtieth day of September an annual report on the status of older
workers including those over the age of sixty-five in New York state.
Such report shall describe in detail the employment needs of such older
workers and the ability of existing state employment services to deal
with the problems of older workers. The report shall consider the need
for affirmative action, training, counseling, development of alternative
work schedules, job development activities within the public and private
sector, and the need for improved use by older workers of publicly
funded programs for employment and employment-related services. The
report shall also consider the economic impact of unemployment among
older workers and shall contain recommendations, including the
associated costs, for improved programs or for changes in statutes or
regulations to provide increased employment opportunities for older
workers.
* NB Expired October 1, 1981
4. Shall inquire into and report on the causes of all strikes,
lockouts and other industrial controversies or labor disputes, and may
appoint boards of inquiry for that purpose;
5. Shall institute methods and procedures for the establishment of a
program for voluntary compliance by employers and employees with the
requirements of this act and all applicable safety and health standards
and rules and regulations promulgated pursuant to the authority of this
article;
6. Shall provide a method of encouraging employers and employees in
their efforts to reduce the number of safety and health hazards arising
from undesirable, inappropriate, or unnecessary working conditions at
the workplace and of stimulating employers and employees to institute
new and to perfect existing programs for providing safe and healthful
working conditions;
7. May provide for the establishment and maintenance of public
employment offices for the purpose of securing employment for men, women
and children;
8. May make investigations, collect and compile statistical
information and report upon the conditions of labor generally and upon
all matters relating to the enforcement and effect of the provisions of
this chapter and of the rules thereunder;
9. May enforce any lawful municipal ordinance, by-law or regulation
relating to any place affected by the provisions of this chapter, not in
conflict with the provisions of this chapter;
10. May investigate the condition of aliens relative to their
employment in industry;
11. May issue such regulations governing any provision of this chapter
as he finds necessary and proper.
12. Shall compile and publish, on an annual basis, a list of all
regulations and notices required to be posted by employers for the
benefit of their employees pursuant to this chapter, the workers'
compensation law and any other state or federal law, rule or regulation.
13. Shall adopt regulations prescribing the methodology for
establishing an ongoing monthly statewide cost of labor index and an
annual county or appropriate multi-county labor market composite wage
rate, in consultation with the commissioner of education, for the
purpose of computation of building aid to school districts, as required
by subparagraph one of paragraph a of subdivision six of section
thirty-six hundred two of the education law.
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