Top Ten OSHA Violations for 2020 and a hint to the Top Ten for 2021.

The Occupational Safety and Health Administration (OSHA) annually publishes the top ten most frequently cited OSHA standards violated in the previous fiscal year.  Unfortunately, the list has not been published yet on the OSHA website.  OSHA unveiled a preliminary list of its top 10 violations during a webinar with the National Safety Council's (NSC) Safety+Health magazine.  In the webinar, OSHA discussed the stats for the fiscal year (FY) 2020 (which runs from October 1, 2019, to September 30, 2020).  Here is the list of most frequently cited OSHA standards:

1. Fall Protection, construction (1926.501)
2. Hazard Communication Standard, general industry (1910.1200)
3. Respiratory Protection (1910.134)
4. Scaffolding, general requirements, construction (1926.451)
5. Ladders, construction (1926.1053)
6. Control of Hazardous Energy (lockout/tagout), general industry (1910.147)
7. Powered Industrial Trucks, general industry (1910.178)
8. Fall Protection - training requirements, construction (1926.503)
9. Eye and Face Protection (1926.102)
10. Machinery & Machine Guarding, general requirements, general industry (1910.212)

Proper Fall Protection and Scaffolding

It is interesting to see that Respiratory Protection moved into third place and Ladders moved into the top 5.  Considering OSHA published a list of the frequently cited standards related to COVID-19 inspections in November 2020, and that list also includes respiratory protection violations.  We may continue to see Respiratory Protection in the top three of most frequently cited violations again next year.  The COVID-19 list includes:

1. Provide a medical evaluation before a worker is fit-tested or uses a respirator.
2. Perform an appropriate fit test for workers using tight-fitting respirators.
3. Assess the workplace to determine if COVID-19 hazards are present, or likely to be present, which will require the use of a respirator and/or other personal protective equipment (PPE). 
4. Establish, implement, and update a written respiratory protection program with required worksite-specific procedures. 
5. Provide an appropriate respirator and/or other PPE to each employee when necessary to protect the health of the employees (ensuring the respirator and/or PPE used is the correct type and size).
6. Train workers to safely use respirators and/or other PPE in the workplace, and retrain workers about changes in the workplace that might make previous training obsolete.
7. Store respirators and other PPE properly in a way to protect them from damage, contamination, and, where applicable, deformation of the facepiece and exhalation valve.
8. For any fatality that occurs within 30 days of a work-related incident, report the fatality to OSHA within eight hours of finding out about it. 
9. Keep required records of work-related fatalities, injuries, and illness.

Quantifit Respirator Fit Testing System (QNFT)

In FY 2020, OSHA conducted 21,674 inspections, including 12,948 (about 60%) unprogrammed inspections, which include employee complaints, injuries/fatalities, and referrals, all of which were impacted by the COVID-19 pandemic.  In FY 2019 OSHA conducted 33,393 inspections which mean OSHA conducted 35% fewer inspections in 2020.  This reduction in inspections has been noted and criticized by the Department of Labor's Office of the Inspector General (OIG)  in its audit of OSHA.  That audit concluded OSHA received 15% more complaints in 2020 compared with the same period in 2019 but performed 50% fewer inspections.  Leading the audit to the conclusion that reduced OSHA inspections leave US workers' safety at increased risk.

     

Scaffolding Violations are number 4 for all industries & number 3 for the remediation industry

The top 10 violations in the Remediation Services Industry (which includes asbestos abatement, lead abatement, crime scene cleanups, oil spill cleanup, mold remediation, and hazardous materials remediation companies) were:

1. Duty to have fall protection (1926.0501)
2. Respiratory Protection (1910.0134)
3. Scaffolding, general requirements (1926.0451)
4. Reporting Fatality, Injury and Illness Information to the Government (1904.0039)
5. Hazard Communication (1910.1200)
6. Ladders (1926.1053)
7. Duty to have fall protection and falling object protection (1910.0028)
8. Fall protection systems criteria and practices (1926.0502)
9. Asbestos (1926.1101)
10. Respirable crystalline silica (1926.1153)

It certainly seems like fall protection has now become part of the focus in the remediation industry with 5 of the top ten involving falls.  Interesting how the respirator violations remain number two in the remediation industry.  When this should be the industry's specialty.

Mold Remediation Industry 

As you can see OSHA is still performing inspections and still issuing citations.  Though under President Biden's Administration, OSHA inspections are likely to increase, along with citations.  Which shouldn't be hard considering the few inspections conducted in FY 2020.  Though fall protection is still number one on OSHA's focus, respiratory protection is starting to creep up the ranks. 

5 Benefits of Online Safety Training by Natasha Serafimovska

The construction industry has come a long way since the early 1900s when the world was just learning about the harmful effects of asbestos and mold on people’s health. Today, Local Law 196 by the City of New York and other government regulations make safety training mandatory for all construction workers to ensure their own safety as well as the safety of others.

Online Safety Training

Despite New York's construction industry shrinking 8.5% since the pandemic hit, experts expect it to quickly recover and serve as the backbone of the U.S. economy in upcoming years. Construction in healthcare is expected to see the biggest rise with growth of 38% between 2020 and 2023. 

All of this is great news for construction workers as well as individuals who might be out of a job and thinking about joining the industry. However, this news also means that there will be an increased demand for safety training in times when physical movement and social interactions are very limited.

This is where online training can make a real difference. Traditionally associated with soft skills and IT training, online learning is a real game-changer when it comes to health and safety training. Not only is it more affordable than its face-to-face alternative, but it’s far more flexible and accessible in a time when people’s mobility is restricted.

Whether you’re looking for mold remediation certification or asbestos training classes, here we cover the top five benefits you can expect from your online safety training.

Asbestos pipe insulation

It’s More Affordable

When it comes to safety, no cost is too high. Still, the increase in job uncertainty and market volatility has made people very cost-sensitive. In a world where no job is secure, every cent counts. 

In this context, online training is a winner as online courses can be as much as 10 times less expensive than its face-to-face alternative. In-person training often requires significant logistical effort, both from the training provider and the construction worker. This includes the time the instructor needs to spend in preparing for and delivering training, printing and preparing materials, arriving at and leaving the training premises, etc. Likewise, the construction worker needs to invest time in getting to and out of their training, taking away from the valuable time they can spend working or with their families. 

 

Online training removes all of this complexity while not compromising on quality, making it a super affordable option. Learners need a computer or a smartphone with a good internet connection and they’re good to go.

Silica Sampling

Easy Access to the Latest Information

Health and safety standards are continuously updated in order to keep in line with the latest research and developments in healthcare. One clear example is the pandemic and the sudden need for training on SARS-CoV-2 for all construction workers.

However, updating materials when they’re printed and ready for distribution might not be the easiest task. Say, for instance, there was a slight change in regulations on how construction workers need to secure a space before they commence work. If the training is already scheduled for the following day, there might not be enough time to get the training materials updated in time for that training session.

However, that isn’t the case with online training. Online learning materials can be uploaded in small learning units which can easily be edited and re-uploaded to reflect the latest information on the topic. Regardless of whether you bought the training before the change was introduced, your online training materials will always be up-to-date. 

COVID-19 Training

Accessible at Any Time, Anywhere

Online safety training might not have been an option 30 or even 20 years ago because the internet was still not a thing. However, the last decade has seen a dramatic increase in the adoption of online learning across all industries. This is not only because learning technologies have greatly evolved in this period, but also because individuals have become increasingly interconnected with the use of smartphones. 

The fact that you can now get training while commuting from work or during your lunch break at work means that you can save yourself a great amount of time. No longer do you need to block out days from your calendar to take hours-long training. Nor do you need to take time off of work to finish the training before your certificate expires. Online training puts you in the driver’s seat on where and when you get trained without making any major changes to your schedule.  

It’s More Personalised

Face-to-face training works well because it’s familiar and people know what to expect. However, face-to-face training is also designed to fit the needs of the group, leaving very little room for a personalized approach to training. If you’re struggling with one part of the training, it will require an extra effort on your part to flag that up with your instructor and get additional support.

Online training makes this much easier as the instructor can often see how you’re progressing through the coursework and offer advice on additional materials you might benefit from, all from the comfort of your own home. Likewise, different people have different learning styles. While you might prefer to learn through videos, others could learn better by hearing a step-by-step guide on how something is done. Online training offers that flexibility where learning materials can come either as videos, audio recordings, or digital instruction manuals for you to use. This can make the learning process more engaging and effective and help you learn better.

Construction Safety Training

It’s Easily Scalable

When training people on-site, there’s a limit to how many people can attend the training based on compliance requirements as well as restrictions imposed by the pandemic. This could mean that you won’t be able to get your slot well into the future depending on available spaces.

This can make things complicated if your certificate is about to expire and you require to take your training within a very limited timeframe. Online training solves that problem by making it possible for any number of people to book their training at any given time. There’s no problem with over-booking or under-booking training sessions, meaning that your training is always going ahead. Not to mention that the training will always be delivered at the highest possible standard, to all people attending the course.

Online training has often been pushed to the sidelines when it comes to safety training. Some people might argue that there’s something counterintuitive in delivering safety training remotely. However, nothing can be further from the truth. A big part of what construction workers have to know has to do with observing regulations and standards and understanding how to maneuver in a potentially hazardous environment. A lot of this learning can be done online, at home, saving yourself and the instructor time and money. And that is something we can all use a bit more of today.

NYSDOL and NYCDEP Provide Guidance for Asbestos Project Designers Applying for Variances!

In our blogpost "PACNY's Environmental Conference Day Three - A NYSDOL Surprises with Fast Track Variances!"  we discussed the New York State Department of Labor's (NYSDOL) Engineering Services Unit (ESU) announcement at last year's Professional Abatement Contractors of New York's (PACNY's) 2020 Environmental Conference, of a pilot program for certain site-specific variances.  These new variances are called Fast Track Variances.  These are variances that the ESU has been issuing regularly and don't really change each time an asbestos project designer requests them.  ESU has created 10 Fast Track Variances and may create more in the future.

NYSDOL ESU's Ed Smyth discussing variances at PACNY

In addition, the New York City Department of Environmental Protection (NYCDEP) has released a service notice regarding the filing of an ACP-9 variance request "Variance (ACP-9) Filing Instructions".  The service notice gives instructions on the information that must be provided in applying for a variance from NYCDEP.  Required documents for NYCDEP include the building authorization letter; the ACP-9 form including fee ($300-$1,800); and the proposed method of work (variance proposal) and layout drawing.  NYCDEP also has the equivalent of Fast Track Variances which they call Attachments (there are 13 of them).  Visit Future Environment Designs Training Center's (FEDTC's) dropbox folder to access them.   

NYCDEP Attachment D & DI are regarding remote decons and decons inside the work area.

The process for getting a Fast Track Variance from NYSDOL ESU for all intents and purposes is the same for getting a site-specific variance.  You will still need a licensed and certified project designer to sign and complete the SH 752 application.  The application must be completed fully including the hardship.  One difference is no information about the work plan should be included in the SH 752 application.  The variance fee is still $350.  In section 9, Industrial Code Rule 56 (ICR56) Relief Sought, of the SH 752 application the designer must enter the Fast Track Variance number they are seeking.  There are 10 Fast Track Variances:

Available Fast-Track Variances

FTV Number	FTV Name
FTV-1	Negative Air Shutdown
FTV-2	Exhausting to An Interior Space
FTV-3	Elevator Door Removal
FTV-4	Fire Door Removal
FTV-5	Crawlspace with Dirt Floor
FTV-6	Intact Component Removal
FTV-7	Buried Cementitious (e.g. Transite) Pipe
FTV-8	HEPA Drilling Spot Removal
FTV-9	Air Sampling at Elevated Exhaust Duct Locations
FTV-10	Controlled Demolition with Non-Friable in Place

As you can see each variance deals with very specific situations.  We summarize these specific situations below:  

• Fast Track Variance-1 (FTV-1) is about shutting down the negative air units overnight.  The negative air units must run a minimum of 30 minutes after completion of all abatement/cleaning activity for the day and must run 30 minutes after the manometer achieves a negative 0.02 water pressure differential before entering the work area the next day. 
• FTV-2 is about exhausting negative air machines to an interior space.  The variance requires air monitoring of each negative air exhaust (no banking allowed) and must be exhausted into an existing, vacant room or an area within a larger space isolated, consistent with vacate, restrict entry, & post signs (ICR56-7.4) by barrier tape and warning signs.  The location must be adequately sized to accommodate the increase in positive pressure to the area.  All openings within 25 feet of the negative air machine exhaust must be sealed with two layers of 6 mil fire retardant poly.  The variance includes a process for elevated air monitoring results. 
• FTV-3 is about the removal of ACM filled elevator doors intact without impact to the matrix during removal operations.  Project monitor required, elevator technician involved with door removal must be allied trades certified, no waiting periods, air samples 10 feet from the barriers, and inside the work area.  The most recent final air sample results are the clearance results if they meet the clearance standard.
• FTV-4 is about the removal of ACM filled fire doors intact without impact to the matrix during removal operations.  Not surprisingly this variance seems exactly the same as FTV-3 without the elevator technician.
• FTV-5 is about the removal of pipe insulation and dirt in a crawl space.  The variance requires attached large project personal and waste decontamination unit but allows, if space limitations, for a small project personal and waste combination decontamination unit in accordance with ICR56-7.5 (c) & 56-7.5(e9).  If no public access, it allows 2-layer six-mil fire retardant plastic sheeting in lieu of hardwall barriers.  8 air changes per hour required.  Glovebags without tents allowed.  Soil removal as per American Society Testing and Materials (ASTM) 1368 (latest edition), Section 9.1.1-9.1.5 inspection criteria.  It is interesting to note that the requirement does not include 9.1.6 & 9.1.7 of the standard.  9.1.6 uses a personal sampler on the project monitor during the visual inspection as a representative indication of fiber exposure for re-occupancy and 9.1.7 discusses soil sampling in accordance with ASTM test method D7521.  In addition, to the regular air sampling for an asbestos project, air sampling inside the work area is required for the entire work shift based on the size of the project (i.e. 1-minor, 3-small, 5-large).  The project requires a prep waiting (4-hours) and a final drying/settling period (8-hour).  Clearance is based on the most recent daily abatement air samples collected during cleaning operations.
• FTV-6 is the intact removal of nonfriable ACM components.  The variance allows removal inside of tents or removal as part of a larger work area.  Removal without tents requires critical barriers and dropcloths.   Background sampling and a pre-abatement waiting period are not required.  Power tools require manufacturer equipped shroud and HEPA-vacuum.  Daily inside work area samples (i.e. 1-minor, 3-small, 5-large) required in addition to the regular during abatement samples.  The most recent daily samples will be used to compare to the clearance criteria after the visual inspection by the project monitor.  There is only one drying/settling period, time is based on the item being removed can be either 4- or 2-hours. 
• FTV-7 is for the removal of non-friable ACM transite piping from below ground.  One of the requirements is the regulated area, decontamination units, airlocks, and dumpster area shall be cordoned off at a distance of 25 feet, if not then a daily abatement air sample shall be collected in the reduced barrier.  In addition, even if you do the 25 feet condoning off, the variance requires air sampling taken on opposites of the work area at the perimeter barriers.  Extending those barriers.  In our opinion, this requirement by itself seems onerous.  We realize not all projects are in a roadway but for those projects that are this means closing the roadway or closing a few lanes or setting up a sample in the middle of the road which means your shutting that road anyway.  Meaning these projects will probably require flaggers to control the traffic around these barriers.  The variance allows the equipment operator to be allied trades (see our blogpost regarding the difference between allied trades and operations & maintenance) as long as they only excavate the soil to within 6 inches of the buried pipe and lifting the section out of the trench using nylon slings.  Requires a negative pressure tent if sawing or other methods that would render the piping friable.  Requires project monitor visual inspection to complete the project.
• FTV-8 is HEPA-drilling to allow for the installations of building system upgrades into ACM joint compound/drywall wall and ceiling.  Requires dropcloth decontamination area and dropcloth under each drilling/cutting location.  Power tools require a shroud and HEPA vacuum.  Requires wet methods (allows shaving cream or foam as a wet method).  Supervisor visual inspection as per minor projects.
• FTV-9 is air sampling of elevated exhaust duct locations.  Basically, if the negative air exhaust ducts are exhausting at a height above ground where air sampling of the exhaust is not possible, that is this variance.  We find this an interesting variance in that most consultants that work on high-rise buildings throughout the state should be applying for this variance. 
• FTV-10 is controlled demolition with nonfriables to remain.  Requires a full-time project monitor on-site and the individual will have a number of specific requirements.  One of the most interesting requirements of the variance is the requirement that the Environmental Protection Agency (EPA) Document 340/1-92-013 "EPA Guide to Normal Demolition Practices Under the Asbestos NESHAP" be consulted by the petitioner to anticipate demolition methods will cause Regulated Asbestos Containing Materials (RACM) to be created.  This EPA document published in 1992 is an excellent source of information from EPA about various demolition practices and whether those practices will cause a category I or II nonfriable asbestos-containing material to become a RACM.  Air sampling for the variance includes the usual large project requirements for air sampling plus air sampling upwind and downwind of the work area.  Soil/Earth/Dirt cleanup has to meet the ASTM 1368, Sections 9.1.1-9.1.5 inspection criteria.

OSHA Announces The Annual Increase in OSHA Penalties Effective January 15, 2021

On January 8, 2021, the Occupational Safety and Health Administration (OSHA) announced effective January 15, 2021, in accordance with the Inflation Adjustment Act has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $13,653, from $13,494.  Failure to Abate violations has increased to $13,653 per day beyond the abatement date from $13,494 and Willful/Repeat violations have increased to $136,532 from $134,937.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  Click here for the 2021 increase announcement.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 8, 2021 details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.  In addition, OSHA launched a new website to provide information and guidance to employers on debt collection activity.  The site is designed to help employers pay their debts with OSHA click here to visit the site.

A serious violation, as this picture shows, would now result in a $13,653 penalty. 

Related Articles:

• OSHA Fines Increase By 78%!  Will That Leads to an Increase in Safety Consulting & Training
• OSHA Fines Increase - Silica Rule Enforcement Ramps Up

A Merry Holidays and a Happy New Year! We wish you a New Year better than the last one and the best one yet!

Future Environment Designs Training Center (#FEDTC) wishes you and your family a Merry Holidays and a Happy New Year.  As we say goodbye and good riddance to 2020.  At the same time, we enter 2021 with hope and faith that the rest of the decade will be better than it started.  As we discussed, in December's Safety Suzy Newsletter this year the asbestos training industry was shut down from March to May, until we were allowed to do refresher classes virtually/online.  Then in-person training for initial training was opened in June and refresher classes were opened in July.  Since July, we were only allowed to hold classes at 50% capacity.  We're still running at 50% capacity and will continue to run at this level and follow our pandemic policy in our in-person classes until the pandemic is over.

Rockefeller Christmas Tree

In our December Safety Suzy, we announced an increase in our loyalty discount for students who trained with us in 2020.  The loyalty discount for 2021 has been increased to 25% (from 15%).  We thank all of you for your continued support of our business.  For those paying for a subscription or purchasing training services in advance, we are increasing the discount you receive for purchasing training services in advance.  See our Patreon website for more information.

Socially Distanced Asbestos Initial Class

We are proud to announce the addition of a new instructor at #FEDTC.  Mr. Ramon De Los Santos who is an Occupational Safety and Health Administration (OSHA) Outreach Training Instructor has over 15 years of construction experience in road construction safety.  Mr. De Los Santos is bilingual and speaks English and Spanish fluently.  #FEDTC will be adding Spanish OSHA 10-hour & 30-hour construction safety courses to our schedule.  We look forward to adding this training to our schedules along with Spanish versions of hazard communication/right-to-know; excavation, and fall protection courses.  Welcome aboard Mr. De Los Santos!

Fifth Avenue Star

Since the pandemic started we have added new on-demand/e-learn courses to our catalog.  We have added a two-hour Covid-19 awareness course, a 4-hour bloodborne pathogen course, and newly added to the catalog the AHERA designated person course.  The AHERA designated person course is required by the Environmental Protection Agency (EPA) under the Asbestos Hazard Emergency Response Act (AHERA) for the person that the Local Education Agency (LEA) designated as the individual responsible for ensuring the requirements of the AHERA regulation are properly implemented.  To register for this course or any of our on-demand/e-learning courses visit FEDTC's online training website.     

Socially Distanced Initial Mold Class

We are looking forward to seeing all of you in 2021.  We are also excited about the changes and opportunities coming our way.  Again, we wish you & your family a Merry Holidays and a Happy New Year!!!

Difference Between Allied Trades and Operations & Maintenance.

Asbestos Handler Initial Class at IUOE (Photo credit: angelogarciaiii)

Recently, we got a call from a client expressing an interest in asbestos training.  The client being a tradesperson (electrician, carpenter, plumber, etc.) was confused on which training and certificate they should get, either the Allied Trades or the Operations and Maintenance (O&M) Certificate.  Because this client was confused we figured others may be too.  So how do you determine which training/certificate is appropriate?  Well first we need to answer the question will the tradespeople disturb asbestos containing materials (ACM)?  What do we mean by disturb, well let's go the New York State Department of Labor Industrial Code Rule 56 (ICR56) to get the definition of disturb.  "Disturbance means any activities that disrupt the matrix of ACM or Presumed ACM (PACM), or generate debris, visible emissions, or airborne asbestos fibers from ACM or PACM.  This includes moving of friable asbestos containing material from one place to another."
So deciding whether the tradesperson will be disturbing ACM or PACM is the most important question.  The reason for this is that the primary difference between the two titles is that the O&M certificate allows disturbance (for repairs/maintenance that will fit into one glovebag or one tent, that does not exceed 10 square feer or 25 linear feet) and the Allied Trades certificate does not allow disturbance (see Guidance Document page 14, Q/A# 50).
Realize, one of critical points on the disturbance definition is the last sentence "This includes moving of friable asbestos containing material from one place to another."  So, if you have a tradesperson that enters a crawlspace where the dust is contaminated with asbestos, the tradesperson is considered to be disturbing asbestos.  Since the tradesperson is disturbing asbestos he must have an O&M certificate to enter the crawlspace.  This would also meet the training requirements for Class III workers (which are workers who are likely to disturb ACM/PACM in quantities that will fit into a maximum of a 60" waste bag) under the Occupational Safety and Health Administration (OSHA) 1926.1101 asbestos in the construction industry standard.
In addition, the meaning of the Allied Trades Certificate was originally for the purpose of tradesmen who worked with the asbestos abatement contractor to provide the contractor with water for the showers, shut down electric and provide temporary power, and construct the decontamination facility and isolation barriers, to name a few.  The purpose of this trainiing is to train the workers on the dangers of asbestos, respiratory protection, and how enter and exit the work area (another words how to decontaminate themselves in the shower).  The training does not include any abatement or disturbance training because they are not supposed to disturb asbestos.  This certificate/training requirement is not recognized by OSHA under 1926.1101.
For example, the recent violations issued to SMG at Nassau Coliseum included violations for not providing asbestos training for Class III work.  In addition, in a Newsday article on Wednesday, October 7, 2009, Carle Place School District admitted to erring in not hiring a specially licensed contractor to run conduit in their crawlspace.  That license (an asbestos abatement license) is required of the contractor/company performing the work and all the contractor's workers (working in the crawlspace) are required to have a minimum of the O&M certificate.
We hope this will clarify the difference between these two New York State Certificates and help tradespeople determine which certificate/training they should request. 

Related articles

• OSHA Cites SMG For Asbestos Violations at Nassau Coliseum (futureenv.blogspot.com)
• OSHA May Fine Nassau Coliseum for Asbestos Violations (mesothelioma.com)
• Housing authority fined for asbestos job (timesunion.com)
• New York Attorney Says Asbestos is a 21st Century Health Hazard (prweb.com)

Final Phase of New York City Training Requirements for Construction Workers Arrives on March 1, 2021.

On August 27, 2020, New York City's (NYC) Council amended the administrative code of the City of New York in relation to the definition of site safety training full compliance date.  This amendment 2059-2020 goes into effect immediately and extends the compliance date to March 1, 2021.  New York City Buildings posted the following notification.  

In 2017, New York City's (NYC) Council amended the administrative code of the City of New York and the NYC building code, in relation to construction site safety training.  This amendment is called Local Law 196 of 2017 (formerly known as Intro. 1447).  It amends the administrative code by adding section 22-509 Construction site safety training courses.  Requiring the Mayor to establish by March 1, 2018, a program to provide equal access to construction site safety training.  This law has several deadlines and was established to make sure that construction workers in New York City all had a minimum amount of training.  This law has been updated and delayed twice, so far (click here for the FAQ on the regulation).

Properly capped rebar

The first deadline has passed already, beginning March 1, 2018, each permit holder at a building site for which a construction superintendent, site safety manager, or site safety coordinator is required shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall have successfully completed:

• an Occupational Safety and Health Administration (OSHA) 10-hour class;
• an OSHA 30-hour class; or
• a 100-hour training program.

We are currently passed the second deadline of December 1, 2019.  Permit holders shall ensure each worker has an OSHA 30-hour card, SST card, a limited SST card or a temporary SST card and each worker who is serving as a site safety manager, site safety coordinator, concrete safety manager, construction superintendent or a competent person at such site shall have an SST supervisor card.

Recent OSHA 30-hour Construction Safety Course

If you are wondering what an SST card, a limited SST card, a temporary SST card, or an SST supervisor card is, well you are not the only one!  First, a Site Safety Training card (SST card) SST card, a limited SST card, a temporary SST card, or an SST supervisor card are cards that are issued by a New York City Department of Buildings Approved Training Provider (which at the time of my writing this, there are 102 training providers approved).

To get a limited SST card (which expires August 31, 2020) you must have taken one of the following training paths:

1. OSHA 10-hour class with 20-hours of additional training:
• OSHA 10-hour
• 8-hour Fall Prevention
• 8-hour Chapter 33 (Site Safety Manager Refresher) or 4-hour General Electives and 4-hour Specialized Electives
• 4-hour Supported Scaffold User and refresher
2. OSHA 30-hour class
3. 100-Hour Training Program Approved by the Building Department
4. Prior Experience
• 4-hour Fall Prevention
• 4-hour Supported Scaffold User

To get a temporary SST card (which expires after 6 months during which time training must be completed to receive a Limited SST card or SST card) you must have taken an OSHA 10-hour class.

To get an SST card (which expires after 5 years) you must have taken one of the following training paths, this card will be required by September 1, 2020 (unless the NYC Council pushes this deadline back):

1. OSHA 10-hour class with 30-hours of additional training:
• OSHA 10-hour class
• 8-hour Fall Prevention
• 8-hour Chapter 33 (Site Safety Manager Refresher)
• 4-hour Supported Scaffold User
• 4-hour General Electives
• 4-hour Specialized Electives
• 2-hour Drug and Alcohol Awareness
2. OSHA 30-hour Class with 10-hours of additional training:
• OSHA 30-hour class
• 8-hour Fall Prevention
• 2-Hour Drug and Alcohol Awareness
3. 100-hour Training Program Approved by the Building Department
4. Prior Experience
• 4-hour Fall Prevention
• 4-hour Supported Scaffold User

To get a Supervisor SST card (which expires after 5 years) you must have taken:

• OSHA 30-hour class
• 8-hour fall prevention
• 8-hour Chapter 33 (Site Safety Manager Refresher)
• 4-hour Supported Scaffold User
• 2-hour Site Safety Plan
• 2-hour Tool Box Talks
• 2-hour Pre-task Safety Meetings
• 2-hour General Electives
• 2-hour Specialized Electives
• 2-hour Drug and Alcohol Awareness

So that's how you get the various cards required under this local law.  The law doesn't end there.  The next compliance date is September 1, 2020.  By that date, all workers must have an SST card to work on most construction projects.

By the full compliance date, SST Cards & Supervisor SST cards will be required on most construction sites

Since SST Cards and Supervisor SST cards expire after 5 years, applicants must have completed training to renew the cards in the one-year period preceding renewal of the card (in other words if the card expires in September 2025, in the year from September 2024 to September 2025 you need to complete the training discussed below):

1. SST Card (8 Hours)
• 4-hour Fall Prevention
• 4-hour Supported Scaffold User
2. Supervisor SST card (16 hours)
• 8-hour Fall Prevention
• 4-hour Supported Scaffold User
• 2-hour Tool Box Talks
• 2-hour Pre-Task Safety Meetings

Local Law 196 of 2017 obviously, creates a minimum training requirement for workers on most construction projects, to visit the NYC Site Safety Training website click here.  Permit holders are required to maintain a daily log that identifies each worker and that includes, for each worker a copy of SST card, a limited SST card, a temporary SST card, or an SST supervisor card or proof of taking an OSHA 10-hour; OSHA 30-hour; or 100-hour training program.  Violations of this law will result in a civil penalty of up to $5,000 per untrained worker to be issued to the owner of the site, the permit holder, and the employer of the untrained worker (this could mean up to a $15,000 fine, based on contract language, to the employer of the untrained worker).  Failing to maintain the log will result in a civil penalty of $2,500.  The gradual phase-in, the list of General and Specialized Elective courses, and the recent release of what it will take to become an approved training provider all seem to imply that the later dates may be the actual dates of implementation.  As we see now.

Related Articles:

• Local Law 196 of 2017 Deadlines Extended.
• The Impact of New York City’s New Mandatory Construction Site Safety Training Requirements Under Local Law 196