New York City to Crack Down on Construction Site Violations

In 2006 New York City created the Scaffold Worker Safety Task Force when a worker died from a fall at a building site in Union Square.  In February, the task force reinvigorated its efforts to protect workers after two men died from high-rise building construction falls.  The city Buildings Commissioner stated that the construction industry in general requires more regulation, and concrete operations are especially in need of additional oversight.

It is about time that the Department of Buildings cracked down on construction accidents.  Not only did 12 workers lose their lives last year, but recently scaffolding collapsed after it was not erected to code.  A few weeks ago, five scaffolds collapsed on a windy day, which would not have happened if they had been built to code.  Scaffolds should be able to withstand 100 mph winds, so there is no excuse for their failure to withstand the 39 mph gusts that caused them to collapse.

These recent events led to a February 20 announcement by the New York City Department of Buildings, where they unveiled a citywide crackdown on unsafe scaffolding in order to address the recent spate of construction accidents that have plagued the city.  For 30 days, the city will inspect 1,500 scaffoldings and sidewalk sheds to ensure they are up to standard.

Making scaffolding and sheds safe

The inspection sweep is the first step in the city’s Safety Analysis and Field Evaluation (SAFE) Scaffold & Shed Initiative, which is intended to attack the unsafe scaffolding and sidewalk shed problem with increased enforcement, new operational and regulatory initiatives, and design improvement.  In addition, Buildings Commissioner Patricia Lancaster reissued the Supported Scaffold & Sidewalk Shed Requirements Regulatory Notice to “remind design professionals, contractors, and scaffold companies of the technical requirements that they must follow to ensure the safety of supported scaffolds and sidewalk sheds.”  The Commissioner added that building inspectors will have zero tolerance for scaffolds and sheds that fail to meet all technical requirements.

As part of the SAFE Scaffold & Shed Initiative:

• New notification requirements for supported scaffolds under 40 feet.  The Department of Buildings must be notified 48 hours before scaffoldings are installed, so the Scaffold Safety Team can locate and inspect the sites to ensure they are up to code.
• Increased accountability and punishment for careless drivers who damage scaffolds and sidewalk sheds.  The Department will work with the NYPD and the Criminal Justice Coordinator hold accountable anyone who intentionally or unintentionally runs into scaffolding or sidewalk sheds.
• Increased enforcement of federal worker training requirements. 
• Improved sidewalk shed safety through better prototype design.  The Buildings Department is partnering with the Department of Design and Construction and the Department of Citywide Administrative Services to design a new prototype sidewalk shed.  The stated aim of the prototype is to “improve pedestrian safety, increase natural light on the sidewalk, and improve the streetscape around construction sites.”
• Daily inspections of all scaffolding.  As of July 1, all scaffolding will have to be inspected daily and note the results in a maintenance log to ensure it is safe.

Department of Buildings inspectors have the authority to issue a Stop Work Order if requirements are not met at a construction site.  The threat of stopped work – which can cost a builder hundreds of thousands of dollars a day – is expected to be enough to encourage business owners and contractors to follow the letter of the law.  If the DOB inspectors stop work for a builder’s failure to meet technical and training requirements, the order will not be lifted until all deficiencies are corrected and all workers demonstrate that they have been correctly trained for their positions.

Overall crackdown on construction site safety

On February 29, the DOB outlined an even more aggressive agenda aimed at improving enforcement of construction safety regulations.  The DOB will work to improve safety at construction sites over the next two years by stepping up inspection of building sites; identifying repeat safety offenders through tracking of architects, engineers, and contractors; aggressively using Stop Work Orders to encourage adherence to building and zoning rules; and bringing more visibility to the inspection process.  In addition, DOB hopes that their efforts to modernize the permit application and inspection process will improve efficiency and compliance.

Additional DOB changes include:

• Deploying New Staff to Crack Down on Unsafe Construction.
• Ensuring Adjacent Properties Are Protected During Excavation
• Making It Costly to Disobey Stop Work Orders
• Targeting Unsafe Scaffolds and Sheds
• Enhancing Scaffold Worker Training
• Outlining an Aggressive Legislative Agenda to Add Enforcement Tools
• Increasing Safety with Handheld Computers for Inspectors
• Putting Industry on Notice of Safe Construction Standards
• Setting New Standards for Architects and Engineers Who Professionally Certify
• Stopping Repeat Offenders from Filing Applications
• Enabling a Paperless Permit Application Process by 2009
• Making Architectural Plans Available Online via BISWeb
• Enhancing Reporting System to Focus on Safety Trends

We hope that these changes will reduce the number of deaths and injuries at New York city construction sites.  Last year there were 12 fatalities and 52 injuries – it would be a tragedy if more workers lost their lives or were injured in what amounts to preventable accidents.  The announcements this month by the DOB are a great start, and we hope to see results in the form of safer work sites as the year progresses.

Construction workers should not have to worry if their building site is up to code or if their supervisors are following all safety regulations.  Workers deserve to be protected by their employers, and employers should take all steps necessary to keep their workers safe.  In the event that you or someone you love is injured in a construction accident, then Peter Panas wants to help you get the justice you deserve.  Contact us today and find out how you could be eligible to receive compensation for lost wages, pain and suffering, lost future earnings, and medical expenses.

Law Office of Peter Panas, PC
11 Penn Plaza, 5th Floor
New York, NY 10001
Phone: 212-946-4748
Fax: 866-805-2522