Amendment of DOT Penalty Schedule Failure to Provide Adequate Protection at Worksites

Proposed Rules: Closed to Comments

Comment By: 
Wednesday, February 11, 2015

Statement of Basis and Purpose


The Department of Transportation issues violations for certain types of infractions against contractors who fail to provide adequate protection at worksites to ensure the safety of pedestrians and vehicles.  Although existing law allows fines for these infractions to be as high as $5,000, the current fine is set at only $400, and has been at that amount since 1995.  This amount is also relatively low compared to other DOT safety-related violations such as for failing to secure a steel plate, for example.  The fine for that violation is $1,200 and reflects the danger to public safety that could occur from a steel plate that is not properly secured.


To maintain consistency across its safety related infractions, and to promote the safety of pedestrians and vehicles around a worksite, the Environmental Control Board (“ECB”) is proposing a rule to increase the penalty for failure to provide adequate protection from $400 to $1,200.  The ECB is also proposing that the default penalty for failure to provide adequate protection be raised from $1,200 to $3,600.


Public Hearing

ECB Proposed Rule concerning amendments to its Department of Transportation Penalty Schedule regarding the failure to provide adequate protection at worksites.

Public Hearing Date: 
Wednesday, February 11, 2015 - 2:00pm

Elizabeth Nolan- Marino at (212) 436-0708 or Jim Macron at (212) 436-0602

NYC Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038