September Incident Report

• There were 54 construction-related incidents resulting in 56 injuries that required workers to be taken off-site for medical treatment. There were two fatalities early in the month (discussed at the September safety meeting but to review – one worker was crushed when a pile driver head disengaged; the second suffered a fall moving from a roof to a scaffold while unharnessed). 

Mike Costantino of Sales Solutions presented an update on American National Standards Institute (ANSI) fall safety standards. (ANSI is a private non-profit organization that oversees the development of voluntary consensus standards for products, services, processes, systems, and personnel in the United States.) The complete presentation visual is here. Highlights:

The General Z359 anchor (or "Yo-Yos") – Standards approved June 2021; effective August 2022 but extended to February 1, 2023

• SRL Class A and Class B classifications were replaced by Class 1 and Class 2.
• Test mass requirements raised to 310 lbs. (previously 282 - 300 lbs.)
• Static testing requirement raised to 3,600 lb. (previously 3,000 lbs.)
• New standards present a compliance challenge to 3/16" cable design units. Stainless steel units are failing the new standard.
• DOB should ask manufacturers their plans to meet the new standards – it's your right to ask for proof – a declaration of conformity  

ANSI Z359 Full Body Harness – Standards approved March 2021; effective May 2022

• ANSI-compliant harness must have a backstrap or belt to prevent the user from falling from the harness
• Tested for head-first and feet-first falls.

Fall Protection Code for qualifications and testing of all products – Standards approved April 2019; effective May 2020

• All testing must be conducted in an ISO:17025 lab.
• ISO:9001 accredited manufacturers must requalify every five years
• Non-ISO:9001 accredited manufacturers must requalify every two years.
• Professional engineer witness requirement replaced by required publication of Declarations of Conformity (DOC) or Certificates of Conformity (COC) certificate

Carlos Law and Contractor Safety Registration legislation are awaiting the governor's signature and will likely remain in a holding pattern until after November's election. Gov passed both state houses in 2022; neither bill has made it to the governor's desk for signature. The governor has until the end of 2022 to sign the bills.

• Re: Carlos' Law, there's a potential charter amendment that would change the definition of "injured worker" to "seriously injured worker," which is good for contractors because it raises the standard of liability. 

• Re: The Safety Registration bill, a potential change would place an onerous requirement burden on sub-contractors. BTEA is pushing heavily to see the bill "pass on" without the governor's signature.

• Newly issued Stop Work Order Guidance standards are under review. The guidance allows a knowledgeable third party onsite to mitigate a potential SWO or partial, a plus for contractors. There are potential logistical issues that will be examined and discussed with DOB.

• Mayor Adams' 90-Day Commission, made up of stakeholders from the public and private sectors - including BTEA New York President & CEO Louis Coletti - is engaged in discussions that will produce structural recommendations to improve workflow and cooperation and reduce regulatory hurdles. BTEA New York Executive V.P. Donald Ranshte reported that the various committee meetings have begun and invited team members to forward ideas and concerns to introduce into the relevant discussions. Early indicators point to a more open, responsive, and industry-friendly process than in years past.