N.Y. Comp. Codes R. & Regs. tit. 12, § 12-1.4
(4) No employer shall suffer or permit dangerous air contaminants to accumulate or remain in any place or area subject to the provisions of this Part (rule).
(c) Responsibility of employees.
Every employee shall use the control and protective equipment provided for his protection and shall comply with all provisions of this Part (rule) relating to his personal conduct.
(a) General.
All operations or processes which produce air contaminants shall be so conducted that the generation, release or dissemination of such air contaminants is kept at the lowest practicable level in compliance with this Part (rule) using proper control or protective procedures and equipment. All equipment used to effect compliance with this Part (rule) shall be maintained in good condition and in accordance with the requirements of the Labor Law and of the Industrial Code.
(b) Responsibility of employers.