August Incident Report

• There were higher than usual incidents for the month: 56 total, resulting in 59 workers injured. Categories are as follows: 16 falls, 5 “struck by” accidents, 2 ladder-related incidents, 5 scaffold-related, and 4 excavation accidents. A sharp uptick in falls led to sprains and cuts that required off-site treatment.

• Two recent fatalities. Falling equipment killed a worker at a Brooklyn excavated site. A second worker fell 65 feet through an opening in a scaffold. The worker was not wearing a harness. Both incidents are under investigation.



• The day before the meeting, a falling boom struck a non-worker vehicle standing at a red light. The driver received minor injuries, miraculously. The incident is under investigation.

BTEA welcomed the new MTA Vice President of Safety, Ausberto Huertas Jr., who will regularly contribute to the monthly safety meetings moving forward. Huertas noted that all MTA construction projects fall under the banner of MTA Construction & Development, which encompasses the Metro-North system, the Long Island Railroad, and NYC Transit, as well as bridges and tunnels.

• MTA construction incident update for 2021 and 2022: A total of 509 incidents – the highest number were “struck bys” followed by falls and near misses. There were no fatalities in 2021 but one fatal incident in 2022 that’s under investigation to determine whether it was work-related or due to a pre-existing medical condition.

• For August, there were 29 incidents (struck bys - 41 percent, falls - 17 percent, “caught in-betweens” - 10 percent).

The MTA aims to streamline its processes for better communication between regions and agencies.

While both the Carlos Law and Contractor Registration legislation passed both state houses in 2022, neither bill has made it to the governor’s desk for signature. The delay is good news as it indicates that the Hochul administration is taking BTEA’s objections to these bills seriously. Conversations with the governor, the general counsel, and the state director of operations are ongoing. BTEA is arguing that the legislation is detrimental to small minority contractors and the industry as a whole.

In 2019, the state legislature required the MTA to find and implement a system for raising funds for the capital budget, prompting plans for congestion pricing in Manhattan. August saw two weeks of public hearings on a plan to charge cars $23 to enter Manhattan below 60th St. Public reaction is overwhelmingly negative. BTEA floated the idea to allow exceptions as practiced by other major cities that have implemented congestion pricing (London, Milan, etc.) The idea has proved a non-starter. BTEA’s hearing testimony stressed the potential impact on construction contractors who have no other means of transporting workers and equipment and can make multiple runs into Manhattan daily. To compensate, contractors would have to raise feed. In effect, the MTA pricing proposal would increase the money it spends on capital projects to a net loss. The BTEA will continue to argue that congestion pricing is a money loser.

On September 14, Mayor Adams and DOB launched a 90-day commission of stakeholders across city government, labor, the construction industry, and the non-profit sector to create a comprehensive set of structural recommendations to improve workflow and cooperation and reduce regulatory hurdles. BTEA, a key stakeholder, will share information among members throughout the process and take information and concerns of its membership back to the relevant committees.