OATH ECB Final Rule - Amendment to Buildings Penalty Schedule - Violations Related to Construction Safety

Adopted Rules: Closed to Comments

Effective Date: 
Saturday, October 1, 2016
Agency:

Statement of Basis and Purpose

OATH ECB amends the Department of Buildings (DOB) Penalty Schedule, found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, to continue to promote a zero tolerance policy for safety-related violations and to ensure that penalties for safety-related infractions serve as an effective deterrent.

The amendment to the penalty schedule adds five new infractions and amends two existing infractions:

• The five new infractions reflect penalties for the broadened range of jobs that require a Construction Superintendent’s supervision and the duties and responsibilities of a Construction Superintendent. The new infractions allow DOB to effectively enforce the new provisions found in Section 3301-02 of Chapter 3300 of Title 1 of the Rules of the City of New York (effective May 30, 2016), and assist DOB in meeting its mission of enhancing the quality of life for all New Yorkers and making New York City a safer place.

• The amendments to the two existing infractions increase penalty amounts and clarify the infraction descriptions. Failing to designate or provide a Site Safety Manager or Site Safety Coordinator results in unsafe jobsites that are ill-equipped to handle situations involving public or worker safety. In addition, site-specific safety orientation programs prepare workers to perform their jobs properly and in a safe manner, mitigating hazards related to construction work.