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Gov. Kathy Hochul Signs Carlos’ Law with Approval Memorandum, Signaling Changes

On December 23, 2022, the Governor signed legislation establishing Carlos’ Law (Chapter 746, Laws of 2022).* The law amends New York State Penal Law to increase penalties for corporate criminal liability for the death or serious physical injury of an employee, a felony or misdemeanor, by a fine of up to $500,000.

Concurrently, the Governor issued an Approval Memorandum (#61) indicating an agreement with the Legislature to amend the bill in the form of a chapter amendment.

The Governor’s chapter amendment included all the changes proposed by the BTEA in its efforts to lessen the burdens imposed on its member contractors contained in the original bill that passed the legislature. Based on our information, the chapter amendment will make the following changes:

  • Penal Law section 10.10 is amended to add a new subdivision 22 to define ‘EMPLOYEE’ for purposes of sections 20.20 and 60.27 of the Penal Law. “Employee” will replace “worker’ in the underlying bill. 
  • Penal Law section 20.20 (2)(c), titled Criminal liability of corporations, will be amended by adding subparagraph (iv) to include “is in relation to a crime involving the death or serious physical injury of an employee where the corporation acted negligently, recklessly, intentionally or knowingly.” ·       
  • Penal Law section 60.27 (Restitution and reparation) is amended to allow the court to order restitution and reparation in excess of the statutory limits in cases involving death or serious physical injury of an employee.·        
  • Penal Law section 80.10 (Fines for corporations) is amended to limit the amount of fines that may be assessed against corporations adjudged guilty of crimes in connection with the death or severe physical injury of an employee.
  • Felony: fixed by the court not to exceed $500,000 (bill in chief set range at $500,000-$1,000,000)
  • Misdemeanor: fixed by the court not to exceed $300,000 (bill in chief set at $300,000 - $500,000)
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DOB Adopts Amendment Impacting Construction Superintendents, Safety Site Managers, and Others

On January 18, 2023, the Department of Buildings adopted amendments to its rules regarding construction superintendents, site safety and concrete safety managers. The amendments allow a Concrete Safety Manager to hold a Construction Superintendent registration. The amendments also prohibit a Concrete Safety Manager on a job site from simultaneously serving as a Site Safety Manager, Site Safety Coordinator or Construction Superintendent.

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Site Safety Training (SST) Card-Enforcement Delay-March 18, 2022

The deadline to replace existing cards with the new DOB Training Connect cards remains February 1st. However, the Buildings Department had started hearing from multiple organizations that workers do not yet have their replacement cards. Additionally, course providers have expressed that they are experiencing a backlog with replacing cards. As such, DOB has decided that we will not take enforcement action when we find an appropriately trained worker who does not yet have the new card. This policy will be in effect for 45 days. Buildings has started pushing out this update on social media and will be working on companion website updates today.

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Farber Breaks Barriers as First Woman Executive Director at STA in 66-Year History

On January 12, 2023, Felice Farber was appointed Executive Director of the Subcontractors Trade Association (STA). She is the first woman to hold this leadership role in STA’s 66-year-old history. Farber previously served as senior policy and external affairs director for the General Contractors Association of New York. She replaces Henry (Hank) Kita, who retired from the STA executive director post after nearly a decade of service. 

The STA is New York’s leading association of union subcontractors, which advocates for improved and enhanced economic status for its 350-plus members. Farber, a highly regarded and knowledgeable champion of New York City’s construction industry, said she is “excited to ardently advocate for and uplift STA’s membership by using my experience helping subcontractors navigate the industry’s thorniest issues.” Anthony Acerra, STA President, said, “Farber will be a leading voice of change in construction at STA, utilizing her vast experience in successfully influencing the industry further to advance our mission of Building New York Better.”

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Building Trades Employers Association of New York (BTEA New York) is the construction contractor's unified advocate for construction safety standards, professional development, government affairs, public relations and fostering communication between public officials, public and private owners, labor and the general public. Realizing that a construction industry is essential to the vibrant future of New York City, its activities are dedicated to a building environment meeting the highest of environmental standards, integrity, cost efficiency, productivity and value that contributes to improving the quality of life in New York City. BTEA New York represents 26 Construction Manager, General Contractor, Subcontractor and Specialty Trade contractor associations with over 1,200 individual contractor members.


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