New York to Hammer Home Importance of Building Safety, Including for Workers

New York City Mayor Bill de Blasio and Department of Buildings Commissioner Rick Chandler recently announced that they will quadruple the penalties for serious construction-safety lapses, conduct a wave of more than 1,500 enforcement sweeps, and require new supervision at construction sites citywide to protect workers and the public amid the record building boom.

To make sure builders cannot profit by skirting safety rules, the City is raising the penalties for serious safety lapses from $2,400 to $10,000, and the penalty for lacking a construction superintendent will increase from $5,000 to a maximum of $25,000. Construction has surged more than 300 percent since 2009, contributing more jobs and more housing to New York City, but leading to an increase in preventable construction-related injuries and fatalities.

“No building is worth a person’s life. We have a responsibility to keep the men and women who are building New York City safe. We are ramping up inspections and oversight to make sure that our workers have added protections. We do not accept any loss of life in this business as inevitable or acceptable,” said de Blasio.

“We won’t tolerate contractors who cut corners and recklessly increase the risks of construction work. We’re quadrupling the penalties for the most frequent safety lapses, sweeping contractors with poor safety records at projects of less than 10 stories – where nearly three quarters of accidents occurred last year – and increasing oversight at these sites,” added Chandler. “Our investigations routinely reveal that accidents could have been prevented if contractors simply followed existing safety rules. We’re determined to change the mindset that safety violations are simply the cost of doing business.”

The actions are part of a $120 million modernization underway at the DOB that will increase oversight of higher-risk sites, conduct proactive enforcement sweeps at sites that have a history of serious violations or stop-work orders, and require a construction superintendent on all new construction and major renovations of buildings under 10 stories – which historically have had less oversight. These actions build upon sweeps the DOB conducted last fall that shut down more than 500 construction sites citywide.

Smaller Job Sites Typically Have More Accidents

Smaller job sites, historically subject to less oversight, were responsible for the majority of workplace accidents last year. 70 percent of construction-related accidents in 2015 took place at sites smaller than 10 stories.

Under the new policies:

Fines quadrupled for safety lapses: The DOB will increase from $2,400 to $10,000 the penalties for serious failures to safeguard construction sites. DOB inspectors routinely issue multiple such violations following a construction accident. In addition to higher penalties and stopping work, the DOB will aggressively seek to suspend or revoke licenses/registrations of Site Safety Managers, Site Safety Coordinators, Construction Superintendents and other licensees involved in unsafe construction practices.

Sweeps of high-risk construction sites: This week, the DOB began sweeping contractors with poor safety records who are working on buildings under 10 stories. Last year, a disproportionate number of accidents occurred at these sites. The DOB will also sweep all construction sites over 15 stories. All told, 1,500 job sites will be swept in the next 90 days. During the sweep, inspectors will be looking for failures to use proper safety equipment, install guardrails or remedy trip hazards, among other infractions.

Increase supervision at smaller projects: By July, the DOB will require construction superintendents for all major construction projects at buildings under 10 stories – not simply new construction, as currently required. Superintendents will now have to review sites daily and log all safety information. Contractors who fail to comply will be issued stop-work orders and penalties from $5,000 to $25,000 for repeat infractions or other proactive enforcement measures, as necessary.

Increased investments in safety: By this summer, the DOB will hire 100 new enforcement inspectors as part of the $120 million modernization outlined in its Building One City plan. In addition, the DOB is significantly enhancing its information technology and data analytics capabilities to identify and punish bad actors, target buildings that pose a threat to public safety, and penalize unsafe and corrupt behavior in the construction industry.

DOB’s Expanded Safety Campaign:

Increased penalties for “failure to safeguard all persons and property affected by construction operations.”
- Class 1 fines to increase from $2,400 to $10,000.
- Class 2 fines to increase from $1,200 to $5,000.
- New fines to go into effect in 90 days.
- DOB to seek license suspensions/revocations for those who engage in unsafe practices.

90-day, 1,500-site sweep of problem contractors and high-risk projects.
- Contractors with multiple stop-work orders or serious violations at buildings under 10 stories.
  - More than 1,000 job sites to be swept in this category
- All buildings over 15 stories.
  - More than 500 sites to be swept in this category.
- Personnel agency-wide will participate to enhance reach.

Requiring construction superintendents at high-risk jobs under 10 stories.
- In 2015, 70 percent of accidents occurred at these sites.
- New DOB rule to be enacted in July.
- Contractors will be given a window in which to comply; afterward, failure to comply will result in a stop-work order and penalties from $5,000 up to $25,000 for repeated infractions.
- Superintendents will be required not only for new construction or full demolitions, but also major alterations, partial demolitions and other high-risk jobs.

• DOB hiring 100 new enforcement inspectors by this summer.

Construction Activity and Safety, by the Numbers:

New York City construction volume up sharply.
- 329 percent increase since 2009.
  - 2009: 21 million square feet of new construction.
  - 2015: 88 million square feet of new construction.
- 517 percent increase in new housing units since 2009.
  - 2009: 10,054 new units.
  - 2015: 62,040 new units.

Construction volume has driven accident increases.
- Accidents up 98 percent since 2009.
  - 2009: 218 accidents.
  - 2015: 433 accidents.
- However, accident increase lags construction increase.

Fatal injuries are up nationwide since the peak of the last construction boom in 2008 (BLS data).
- But they remain down in New York City (DOB data).
  - 2008: 19 fatalities.
  - 2015: 11 fatalities.

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: [email protected].

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