Penalties for Construction Safety Lapses to Quadruple

Penalties for Construction Safety Lapses to Quadruple

PHOTO:  Mayor Bill de Blasio and Department of Buildings Commissioner Rick Chandler last week announced that they will quadruple the penalties for serious construction-safety lapses. Photo Courtesy of Ed Reed/Mayoral Photography Office

By Forum Staff

Mayor Bill de Blasio and Department of Buildings Commissioner Rick Chandler last week 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.

Construction volume has driven accident increases, up 98 percent since 2009. In 2015, there were 433 construction-related accidents in the City. While fatalities remain down since 2009 in the City, they are up nationwide.

“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.

The actions announced 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, 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: 1) The DOB will quadruple the penalties — from $2,400 to $10,000 — for serious failures to safeguard construction sites. 2) This week, the DOB began sweeping contractors with poor safety records who are working on buildings under 10 stories. 3) 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. 4) The DOB will hire 100 new enforcement inspectors as part of the $120 million modernization outlined in its Building One City plan. 5) 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.

“We won’t tolerate contractors who cut corners and recklessly increase the risks of construction work,” said 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.”

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