Welcome to Building Trades Employers Association of New York’s (BTEA New York) monthly Safety Brief, your virtual briefcase of important safety news and updates. This digital publication contains highlights from BTEA New York’s Construction Safety Committee meetings with New York City Department of Buildings (DOB) and Occupational Safety and Health Administration (OSHA) representatives. 

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On February 15, 2023, BTEA New York's Construction Safety Committee virtually held its monthly safety meeting. Below are highlights from the agenda.

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January 2023 Stop Work Orders/For January, DOB issued 331 stop work orders (SWOs), including 21 full and 310 partial stop work orders. Stop order reinspections for December totaled 342 with an average service response time of 2 days. For January, there were 478 inspections and service response times averaged 1.9 days. Complaints received in January totaled 586 (212 A complaints; 374 Bs). 

January 2023 Incident Report/While there were 58 incidents in December, including 2 fatalities, January saw a rise in incidents (64 resulting in 69 injuries) but fortunately no fatalities for the month. Falls comprised the majority of the January incidents, with most the result of improper use of ladders. DOB stressed “misuse” over equipment failure. Safety officers should take extra care to ensure proper ladder use on job sites. 

New SST Cards/The DOB deadline for Site Safety Training (SST) cards was February 1st. However, starting February 1st through Saturday, March 18th, 2023, the Department of Buildings will not take enforcement action when it finds that a worker does not have the updated Training Connect SST card, provided the worker can demonstrate they obtained appropriate training through a DOB-approved training provider. • During this 45-day window, DOB inspectors will focus on educating workers, contractors, and safety professionals on the new requirement for the updated Training Connect SST ID cards. Enforcement actions will still be taken if DOB finds a worker on a SST work site who has not obtained the appropriate training.

 

The cards are required for all construction and demolition workers on large and complex work sites. The new NYCDOB Training Connect SST ID card will replace all previously issued SST ID cards and is the card DOB will accept as valid proof of worker site safety training. SST certification must be renewed after 5 years.

Winter Safety Campaign/The onsite safety visits are showing mixed results. Overall, workers seem better informed and “big ticket” safety issues have diminished. However, the small detail problems are prevalent – housekeeping issues, wires on the floor, hoses not covered, etc. DOB stresses the need for more safety diligence in these areas.

Occupational Safety and

Health Administration (OSHA)

  • OSHA Recordkeeping & Injury Tracking. A reminder to have OSHA 300As posted at applicable jobsites. Also, a reminder to report current injury and illness data through the OSHA Injury Tracking Application (ITA)


  • April 28 is Worker Memorial Day. OSHA invites all to forward info on planned events and share worker stories. OSHA can help promote stories and raise awareness.

 

  • Also, upcoming OSHA events include the annual Work Zone Awareness (April), Stand Down to Prevent Falls (May 1-5), and Trench Safety Stand Down (June). A reminder that trench-related incidents are on the rise, making the June event a priority.

MTA Construction & Development

  • The goal for 2023 is a 10 percent reduction in reported incidents throughout the MTA system from 2022. MTA is also pushing forward with unannounced safety visits to construction sites across the agency. The approach is more about awareness and instruction than enforcement. 


  • For January – December 2022, there were a total of 62 lost times with 59 recordables. January of 2023 saw five lost time incidents and six recordables, with no serious injuries (defined as resulting “something beyond first aid” and significant lost time.)


  • Looking ahead, MTA is rolling out its new safety management system at all levels to ensure safer environments and fewer injuries.

2023 Safebuild Conference

  • Planning has begun for this year’s conference which is May 19.

A Reminder of Available Web Resources

●     Buildings News Update: 1.13.2023

●     Enforcement Bulletin: July 2022

●     Media Coverage

●     Service Updates

●     DOB Rules https://www.nyc.gov/site/buildings/codes/rules.page

●     Upcoming Events Calendar 

Legislative Update

No update this month. Status on pending legislation described as “status quo.” See January Safety Brief below.


Shortly following her reelection, Governor Hochul acted on a slate of pending legislation relevant to the construction industry. Categories of bills fall into three “buckets”:


  • Passed by the legislator and vetoed by the governor/The Materials Escalation Bill was crafted to help contractors who agreed to pricing in contracts pre-Covid only to have supply chain issues caused by the pandemic dramatically increase their expenses. The bill would have provided some compensation for the affected contractors but was vetoed by the governor as unworkable. Discussions are underway to try the measure again in the new legislative session, as a standalone bill or as a set-aside in the state budget.


  • Signed by the governor despite industry reservations/ The Contractor Safety Registration Law requires every contractor and contractor, regardless of license status, to register with the NY Department of Labor. BTEA fought the bill as placing an undue and unnecessary layer of bureaucracy. The law will not go into effect for another two years giving BTEA time to work toward its repeal. A second option would be to use the next two years to negotiate a more "contractor-friendly" registration process.

 

  • Passed by the legislature, signed by the governor, but still not law pending chapter amendments/Carlos' Law, which increases criminal liability for contractors in cases of death or serious injury of an employee, passed the legislature with broad support. By the time the bill reached the governor's desk, however, BTEA had argued successfully that the legislation falls short. The governor drafted a chapter amendment before the legislature that reduces the fines, raises the bar for criminality, and specifies "employee" in the language replacing the broader term "worker." The last change means that contractors should not be held responsible for injuries to people onsite who they do not employ. Carlos Law becomes law pending the legislature's approval of the amendment.

 Communications & Events

●     Fast 4 Newsletter: February 2023.

●     Safety Brief for January 2023

This report was provided by BTEA New York

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Building Trades Employers Association Building Trades Employers Association of 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 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 represents 26 Construction Manager, General Contractor, Subcontractor and Specialty Trade contractor associations with over 1,200 individual contractor members.

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