Did you know that 4% of all construction jobs in the United States are located in the greater New York City metro area? In comparison to other cities, it has the highest concentration of people employed in the construction industry.
And, because of the high number of construction workers, injuries happen often. Working in construction is dangerous since it often involves working at heights or operating heavy machinery. Construction accidents and fatalities often result from careless disregard for safety protocols. According to a 2017 report from the New York Committee for Occupational Safety and Health (NYCOSH), every fatal construction accident in the state had associated OSHA violations.
To keep construction workers safe in New York City, all construction is subject to mandatory safety training requirements per Local Law 196.
What is Local Law 196? Read on to find out more information by our New York construction accident lawyers. If you have further questions, the team at Brandon J. Broderick, Attorney at Law, can help answer your questions or address concerns following a construction site injury.
NYC Local Law 196 Explained
New York City requires additional construction safety training under Local Law 196, which passed in 2017. The city passed the law in an effort to curb the growing toll of construction-related injuries and fatalities in New York City.
The rule mandates that all construction employees and their supervisors receive OSHA training within a certain time frame.
What Does NYC's Local Law 196 Apply to?
In New York City, all building sites must follow a site safety plan, and this went into effect on March 1, 2018.
By March 1, 2021, all construction workers should have had their Site Safety Cards (SSTs). The SST certification is earned once 40 hours of OSHA training has been completed by the worker. All supervisors should have also finished their 62 hours of OSHA training.
Preventing falls, using safe scaffolding, and learning about the dangers of drinking and drugs are all essential parts of the training.
To be in compliance with Local Law 196, a construction site must have the following:
- a superintendent
- site safety coordinator
- site safety manager
On the NYC Department of Building’s website, you may view a map of all construction sites that must comply with Local Law 196.
What Happens When Construction Sites Violate Local Law 196?
Anyone applying for a construction permit must confirm that their workforce has received the necessary education and training. When they are found in violation, heavy fines may be given out.
The following fines may be imposed in the event that employees are not adequately trained:
- Site owners, permit holders, and employers can each face a fine of up to $5,000 per infraction committed by an employee.
- Permit holders who fail to keep a training record may be subject to a fine of up to $2,500.
The employees themselves are not responsible for paying any penalties. Random inspections are conducted for compliance checks. If an employer offers to train an employee who lacks the necessary skills, the employer's potential fine may be reduced.
Common Violations
Fall protection accounts for a 1/4 of all citations handed down by OSHA. The most common violations on NYC construction sites are:
- Fall protection
- Scaffolding
- Training requirements
- Eye and face protection
- Head protection
- Hazard communication
Compensation For An Injured NYC Construction Worker
Workers' compensation insurance often pays for medical expenses related to work-related injuries. Accident claims can only be filed once employees notify their employers of an incident. Workers' compensation benefits are generally the sole source for compensation to an injured worker.
Unfortunately, workers' compensation claims are occasionally denied and/or undervalued. In these cases, workers risk not receiving the full amount of benefits they are entitled to. This is when a New York workers' compensation attorney can help, especially if an employee has been denied benefits. In some cases, there may be a third party that can be sued in a NY personal injury claim to recover medical expenses, lost earnings, and even pain and suffering.
The NYC Construction Accident Lawyers at Brandon J. Broderick Can Help If You've Been Injured
When a construction worker is hurt or killed, multiple parties may share legal responsibility due to the environment of construction sites. An experienced New York City construction accident attorney can explain your legal rights and your options if an accident has occurred.
Clients from all around the Tri-State, including New York, New Jersey, and Connecticut, have retained the services of Brandon J. Broderick, Attorney at Law for help with their personal injury claims and construction accident injuries. We've handled countless cases and successfully resolved them either in settlement or court judgements.
If you want to ensure a fair outcome for your case, our top legal team offers everything you need. Get in touch with us today if you or a loved one has suffered a workplace injury.