Local Law 196 of 2017 Deadlines Extended.

On November 8, 2018, New York City Department of Buildings tweeted about extending the deadlines for construction training under Local Law 196 of 2017.  Click here to see the tweet.  This pushes back the training requirements deadline from December 1, 2018, to June 1, 2019.  Currently, to work on most construction projects all that is required is an Occupational Safety and Health Administration (OSHA) 10-hour construction safety course card.  This requirement will continue to be required until June 1, 2019.

After June 1, 2019, construction workers will be required to have 30-hours of training either by taking an OSHA 30-hour construction safety course or by getting 20 additional training hours over the OSHA 10-hour construction safety course.  Those 20 additional training hours must consist of an 8-hour fall protection course, a 4-hour scaffold user course, and an 8-hour site safety manager refresher course.

The next deadline has also been extended to September 1, 2020.  That deadline will require individuals taking the OSHA 10-hour construction safety course to take 30 additional hours of training or those individuals taking the OSHA 30-hour construction safety course to take 10 additional training hours.  For more information click here for the NYC Buildings Department November 2018 Service Update explaining these changes and requirements.

Related Articles:

• New York City Adds Training Requirements for Construction Workers
• The Impact of New York City’s New Mandatory Construction Site Safety Training Requirements Under Local Law 196

Personal Protective Equipment (PPE), One Size Does Not Fit All.

In our previous blogpost, we discussed Ebola and the use of personal protective equipment.  Since then the Centers for Disease Control (CDC) has come out with revised guidance on purchasing PPE and protocols for wearing PPE while handling patients with the Ebola virus disease.  Find this information here.  

A disposable nitrile rubber glove. Nitrile gloves are available in different colours, the most common being blue and purpleCitation needed. (Photo credit: Wikipedia)

Fast Company Co.Design's article "Why Protective Gear Isn't Stopping Ebola" has an interesting discussion on the problems with PPE.  This discussion includes the usual complaints that its uncomfortable, it doesn't fit, restricts movement, visibility, etc.  It is interesting that before wearing a tight fitting respirator a worker must be either qualitatively or quantitatively fit tested with the respirator they will be wearing.  However, when it comes to PPE (like gloves or protective suits) there is no fit testing.  If you bought these items as clothing, you would try them on and purchase the best fitting one.
  

Asbestos Hands-on Demonstration

There is an unspoken assumption that the employer will purchase different sizes allowing workers to select the size that fits them the most comfortably.  This assumption is typically wrong and what actually happens is most employers buy larger sizes in the sense that one size fits all or they buy the size that fits the most people.  This results in complaints that wearing the PPE is more hazardous than not wearing it, which of course is the case if you are wearing ill-fitting or incorrect fitting PPE.

Wearing the proper PPE is not only about the right size, it is also about wearing the right type.  How many of you know that protective equipment are tested for how cut resistant they are?  The cut protection performance test (CPPT) is an American Society of Testing Materials (ASTM) F 1790 standard cut test for protective equipment.  A glove's performance rating is classified by the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) 105-2005 from a 0-5 level, with 5 being the best cut performance, based on the outcome of the CPPT test.  Gloves are also tested for how long it takes for chemicals to breakthrough, degrade, or permeate the material the glove is made of.  ASTM F739 standard details the process for testing protective equipment for liquid and gas permeation (the video clip below shows how this is done).  Ansell Healthcare produces the "Chemical Resistance Guide" that includes permeation and degradation data for various glove material and a rating system.

When selecting PPE for your workers, unfortunately its not as simple as looking in a catalog and buying the cheapest PPE and/or buying one size that will fit most or all.  As the Occupational Safety and Health Administration (OSHA) standard (1910.133) requires for PPE, you must assess the hazard you want the PPE to protect the worker from and then find the best fitting PPE so the worker will wear it comfortably without creating a greater hazard.

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Protecting Yourself During Restoration or Renovation Projects

Many of you know one of our main issues is protecting yourself and your family from the contaminants that you can be exposed to in construction work (including remodeling, restoration, or renovation work).  In our classes, we discuss the USA Today Special Report in 2000 "Workers unwittingly take home toxins".  This report discusses how workers through the years have been exposed to toxins and brought them home to contaminate their families.  Contaminates included asbestos, lead, mercury, radiation, animal growth hormones, dry cleaning chemicals, explosive toxins and carcinogens.  It has been our opinion for years, that the standard safety equipment for construction workers should also include disposable clothing or uniforms, that are left at the jobsite, and respirators.  This would be in addition to the typical hard hat, reflective vests, and safety shoes.  The new silica standard, if it goes through, will be interesting since it will probably require respirators for workers performing dusty tasks.

We have also discussed, in our classes, the emergency workers who worked at the Ground Zero site and all the different toxins they were exposed to like: asbestos, lead, dioxin, volatile organic compounds (VOCs), mercury, silica, polycyclic aromatic hydrocarbons (PAHs) and polychlorinated biphenyls (PCBs).  Some of these workers are so sick that we had to provide special medical coverage through the Zadroga Bill, costing the US billions of dollars.

Old House (Photo credit: WaywardShinobi)

To further prove our point, a recent Morbidity and Mortality Weekly Report (MMWR) News Synopsis for January 2, 2014 discussed a Histoplasmosis Outbreak Associated with the Renovation of an Old House in Quebec Canada.  Histoplasmosis is a respiratory disease caused by the inhalation of fungus spores excreted by bats and birds, that can persist in the environment for several years.  Outbreaks can occur during demolition/renovation activities that create dust containing bird or bat droppings.  The MMWR outbreak happened during the renovation of an old house, 30 workers and residents were exposed to dust containing bird or bat droppings previously hidden in the brick walls.  14 of the workers/residents developed symptoms of histoplasmosis.  Of the four who were laboratory-confirmed, two were hospitalized.  Unfortunately, stories like this keep happening over and over, again.

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Several Indicators Show Construction Spending Improving.

A USA Today article dated January 2, 2014 "Construction Spending:Strongest Pace In Years" reported that United States (U.S.) construction spending rose in November at the strongest pace since 2009.  Construction spending increased 1% in November (annually adjusted rate of $934.4 billion).

Residential construction rose 1.9% in November.  Home building last exceeded the November pace shortly before 2008.  Spending on single-family homes has increased 18.4% year over year, while spending on apartment buildings is up 36.3% during the same period.  More than 2/3's of the residential construction market comes from single-family homes.  According to the National Association of Home Builders each new home creates an average of three jobs for a year and generates about $90,000 in tax revenue.

Construction Work on a New Dock for Lake Champlain Ferry

Commercial projects also increased 2.7% in November.  Though Government construction spending fell 1.8%.  Declines in expenditures on roadways, health care facilities, & sewer systems led much of the decrease.

According to the Associated General Contractors of America (AGC) Press Release, November's year-over-year construction employment figures show that employment in the construction industry rose in 211 of 339 metropolitan areas between November 2012 and the same month in 2013.  According to a separate AGC Press Release, construction in November totaled $934 billion, up 5.9% since November 2012.  With private residential construction spending rising 17% and private nonresidential spending rising 1.0% since November 2012.  Public construction dropped 0.2 percent since November 2012.

While the Associated Builders and Contractors's Chief Economist Anirban Basu said the following in their Press Release, "Construction activity bounced back in November, due in part to the end of the federal government shutdown and an accompanying return to normalcy.  Nonresidential construction spending was up 2.3% on a seasonally adjusted basis compared to September, which makes a better comparison because October was so unusual."  "The recent acceleration in economic activity sets the stage for a much better 2014, both for the broader economy and the nonresidential construction industry," said Basu.  "We can expect nonresidential construction spending to expand during the first half of the year."

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Where Should Your Necktie Tip Fall?

Image via WikipediaThis interesting video teaches you where you necktie tip should fall.  Menswear expert Antonio Centeno gives you a definitive answer as to how long you should tie your tie.  Mr. Centeno has some great videos helping us guys with dressing properly and purchasing clothes.  Find the video at http://www.youtube.com/watch?v=fyNISJUiKf4&feature=uploademail.  For safety reasons you should make sure you tie you necktie above the belt buckle and strongly recommend you make sure your tie is in your shirt when inspecting equipment.  This way the necktie will not catch in the equipment.  Leading to serious injuries.

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NIOSH Seeking Comments On The Draft Recommendations For Emergency Responder Health Monitoring and Surveillance

Image via WikipediaThe National Institute for Occupational Safety and Health (NIOSH) today invited public comment on a draft document titled, "Emergency Responder Health Monitoring and Surveillance."  This document was developed by a consortium of federal agencies, state health departments, and volunteer organizations, headed by the NIOSH with the goal of proposing a more comprehensive and systematic approach to worker safety and health for all emergency responders.

The set of guidelines and recommendations described in the document is the result of the collaborative efforts of the workgroup.  When final, it is expected that this document will serve as an interagency resource that is intended for review and possible publication by the National Response Team. 

"The gaps in our ability to ensure the safety and health of all workers involved in large scale and complex emergency responses have been documented through our responses to the World Trade Center disaster, Hurricane Katrina, and most recently, the Deepwater Horizon Oil Spill," said NIOSH Director John Howard, M.D.  "This document is the result of our shared learning from these events and our combined commitment to protect those workers who respond in times of need."

This draft document proposes a new framework for ensuring responder safety and health by monitoring and conducting surveillance of their health and safety during the entire cycle of emergency response, including the pre-deployment, deployment, and post-deployment phases of a response.  The proposed system is referred to as the "Emergency Responder Health Monitoring and Surveillance (ERHMS)" system, and includes a guidance section describing the principles involved in ensuring optimal responder safety and health, as well as tools which can be utilized to help facilitate the execution of these principles during an actual response.

The draft document is available at http://www.cdc.gov/niosh/docket/review/docket223/ for written public comment until April 4, 2011.

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Carl Potter's Safety Code of Conduct

Scaffolding improperly installed missing mud sills, etc.

Mr. Carl Potter is a safety speaker and his website is an excellant resource for information regarding occupational safety and health.  We have received many of his articles and writings, and have always found them informative.  To emphasize this point, please click on the title above to read his latest post regarding setting up a Safety Code of Conduct and the reason why employees typically don't follow safety rules.  Our experience and discussions with many of you, has led us to the same conclusions.  We agree with Mr. Potter come up with your own Safety Code of Conduct and decide to be safe when performing your work.  

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Riggiing Contractor Cleared Of All Charges

Mr. William Rapetti's trial ended on Thursday with a not-guilty verdict by the judge that heard the case.  This ends the first of the construction trials that the construction industry is watching, the other two being the Deutsche Bank Fire and the other crane accident.  Mr. Rapetti and his company Rapetti Rigging Services were acquitted all charges.  Unfortunately, he and his company, along with other companies on the project, the building owner and New York City, still must face several civil lawsuits in regards to the accident.

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Doomed Crane Had History of Malfunctions | New York Construction | McGraw-Hill Construction

Image via Wikipedia

Doomed Crane Had History of Malfunctions New York Construction McGraw-Hill Construction

The manslaughter trial of William Rappetti, master rigger, and his company Rappetti Rigging Services, began this week.  The Manhattan District Attorney maintains that Mr. Rappetti was responsible for the crane accident that happened on March 15, 2008.  While Mr. Rappetti's attorneys are trying to prove the accident was caused by a number of alternative causes.  Click the link above to get an update on the trial.  We will be following this trial and the other manslaughter trial against J. Lomma (see our post "Crane Case Heading to Court") both regarding the crane accidents that happened in 2008.  Depending how these trials turn out, will depend how much of an impact the Manhattan District Attorney's Office will have on the construction industry.

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Crane Failure Case Heading to Court

Its amazing that the OSHA investigation found no violations.  However, the Manhattan DA found enough evidence to bring manslaughter charges against J. Lomma, T. Varganyi, JF Lomma Inc, and NY Crane.  Key quote from the article was "Equipment owners may be held personally liable—even if safety regulators in their official investigation are unable to find code violations."  Will the threat of criminal charges actually start CEOs thinking about safety first.

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NYC Deadline Approaching Regarding OSHA Training Requirement

Starting July 1, 2009, all workers at major building projects in New York City are required to complete a 10-hour course in construction industry safety and health approved by the U.S. Occupational Safety and Health Administration. Local Law 41 of 2008 requires the site safety plans of major buildings must include a statement that all workers have completed this course.

NYC Building Department Changes Go Into Effect in 2009

New York City Building Department (NYC DOB) is making many changes in the way building sites are run in 2009. The changes are designed to increase safety and affect how business is done with the NYC DOB. Examples of these changes include:

• A concrete safety manager must be designated on all "major buildings" during the concrete portion of the project to promote safer concrete operations.


• All high-rise construction sites, will require a licensed site safety manager to peform inspections to ensure construction sites are properly maintained. The site safey manager shall maintain two new site safety logs (maintenance and permit logs) documenting the inspections.


• The new training requirements under Local Law 41 of 2008 requiring all workers, at "major buildings," to complete a 10 Hour course in construction safety approved by the Occupational Safety and Health Administration (OSHA) was extended to July 1, 2009. (The class must have been taken within the past 5 years).

Click on the title for the link to the NYC DOB website for more information.

OSHA Violations Indicate Enforcement of Asbestos Standard

The Occupational Safety and Health Administration (OSHA) recently cited two hospital construction sites for violations related to the asbestos construction standard. The closest site in Rochester, New York involved Gordon-Smith Contracting that was cited for 3 alleged willful and 7 serious violations of the asbestos and respiratory standards and faces a total of $99,925 in proposed fines.

Gordon-Smith employees were required to remove ceiling tiles and other materials that were embedded in or adjacent to asbestos containing fireproofing without proper safeguards. The willful citations, accounting for $87,000, were for not using wet methods or wetting agents to control asbestos exposures, employees not supplied with approved respirators,and the workers had not been trained in asbestos removal. The seven serious citations were issued to Gordon-Smith for not ensuring each employee wore the appropriate respiratory, hand, and head protection; not immediately mending or replacing ripped or torn protective work suits; no written respirator program, and not informing employees of the results of asbestos monitoring.

The second hospital site was in Mescalero, New Mexico involving Maloy Construction, a general construction company, and Deerfield Corp., a plumbing and construction company. OSHA cited Maloy Construction with one alleged willful and 4 alleged serious violations totalling $75,600 in proposed fines. The willful violation was for failing to assure that Deerfield, the subcontractor, was in compliance with OSHA's asbestos standard. The serious violations include failing to inform other employees in the area of the asbestos work, assessing the exposure, and designating and containing the asbestos materials.

OSHA cited Deerfield with 3 alleged willful and nine alleged serious violations accounting for $81,900 in proposed fines. The willful violations were failing to regulate the asbestos area, assess the initial exposure, and provide protective equipment. The serious violations included failing to launder contaminated clothing, train employees on asbestos removal, label containers for waste, and provide a competent person to properly supervise the work area.

These citations show what OSHA focuses on when coming to an asbestos abatement project. Asbestos contractors and consultants should make sure they have a written respiratory protection program with an appropriately trained administrator; an initial exposure assessment; and a means for ensuring employees are informed of the asbestos monitoring results. While general contractors or construction managers must ensure that their subcontractors are in compliance with the OSHA asbestos standard.

OSHA Announces Proactive Measures to Reduce NYC Construction Fatalities

The Occupational Safety and Health Administration (OSHA) announced on June 23, 2008 proactive measures to combat the recent high fatality rate in New York City. OSHA is temporarily assigning a dozen additional compliance officers to conduct proactive inspections of high-rise construction sites, cranes, and other places where fatalities and serious accidents have been occurring. Ongoing inspections will also continue based on existing local emphasis programs or as a result of complaints, referrals or accidents.

Since May, 2008, OSHA has also been sending copies of violation citations issued to employers on city construction sites to the employer's insurance or worker's compensation carriers, and to construction project owners and developers in order to raise awareness of occupational hazards found on city jobsites. Citations involving training violations at union sites will be sent to the unions representing the workers and to their training funds.