Brooklyn's Progress
April/May 2007

BY C. LAZAIRRE

Walking down New York City’s streets one can’t help but notice the blue wooden boards and grey steel metal of construction project scaffolding that overshadows the sidewalks and which serves as an indicator of the current real estate industry boom. Yet the rise of scaffold-related accidents and deaths underscores the construction industry’s hazards.

According to the Department of Buildings (DOB) statistics, since January 1, 2006, over 65% of the reported suspended scaffold (the extended support structures that hang on the outside of buildings)-related accidents occurred because a licensed rigger or foreman was not present on site, and half of the workers involved in accidents were insufficiently trained.

This past November, Deputy Mayors Carol Robles-Roman and Daniel Doctoroff convened a special Suspended Worker Task Force that included an assembly of federal, state, and city government representatives, immigrant advocacy groups, and industry delegates. The task force focused on suspended scaffolding and issued recommendations for safety enforcements, training and outreach, and analysis of scaffolding injuries and fatalities (which rose from 11 in 2005 to 20 in 2006). Their investigations identified suspended scaffolds (particularly C-hook scaffolds unregulated by DOB) as a primary factor in construction accidents last year. Additionally, the task force identified “widespread non-compliance” with rules set by DOB and the Occupational Safety and Health Administration (OSHA). They also found an industry-wide breakdown in accountability that undermined the responsibilities of riggers and foremen to oversee training and site safety. Based on their findings, the task force issued a report that linked scaffold accidents in 2006 with smaller companies and language barriers at construction sites that hired non-English speaking workers. Citing OSHA figures, the report stated that the majority of construction fatalities also involved immigration status or language barrier as a related factor.

Given these findings the task force developed a proposal that earmarked $6 million to support the new Scaffold Safety Unit, which would add ten new DOB inspectors to conduct daily sweeps of construction sites, and increase fines and penalties for non-compliance with construction regulations.

Mayor Michael R. Bloomberg presented the Suspended Worker Task Force findings and the new measures to prevent construction scaffolding accidents during a radio address two months ago. “Although public safety is at an all-time high, we can and must do more to ensure worker safety,” he said. The Mayor also presented three new bills to the City Council that would require riggers to inform the DOB when using C-hook scaffolding, compel construction supervisors to make daily inspections and to keep detailed records of scaffolding sites, and would increase penalties for safety violations.

On Mar. 28, the bills were passed in an unanimous vote of 47 to zero by members of the City Council. “The city has recently seen several tragic – and preventable – accidents where construction workers were severely injured or died. Today’s action is part of a larger Council effort to make construction safer and reign in illegal work,” said City Council Speaker Christine Quinn.

Housing and Buildings Committee Chair Erik Martin Dilan said, “The safety of New Yorkers is a main priority of the City Council. These bills will help ensure that those who work to build our city remain safe, so they can continue working to help our city grow.”

“When lives are on the line, we can’t just let people off with a warning — first offenses must result in meaningful penalties,” said Mayor Bloomberg. So a construction site with an unlicensed rigger who faces a first offense penalty of $250, would now be fined $1,250; where violations exist two-day Stop Work Orders would be be issued, and licenses would be suspended at construction sites having three or more violations within a six-month period.

With 2,000 construction permits issued as of January 2007 in Brooklyn, the Brooklyn Chamber of Commerce and Chamber member construction companies weighed in on the Suspended Worker Task Force safety requirements:

 “It’s great. [Now] building owners will make sure that all the proper permits and all the proper safety issues are addressed on the job site,” said William Rivera, co-owner of AM&G Waterproofing LLC, which has provided training to its employees since 1990. At a cost of $250 for each of the company’s 300 employees, Mr. Rivera said his in-house training is more convenient and economical than hiring an outside training provider. Before a project begins Rivera says either he or Tim Vogler, vice president of safety, make inspections to determine the best way to rig a job. Rivera also applies the same diligence to worker protection at AM&G construction sites throughout the city, where crews routinely use suspended scaffolds.

Jeanette Nigro, vice president of workforce and training at the Brooklyn Chamber of Commerce agreed with the city’s taskforce recommendations: “The Mayor's focus on this issue is a step in the right direction,” said Ms. Nigro. However, she stated that construction safety in the City had yet to be addressed in a long term, sustainable way.

Amanda Clappsy, construction project manager for Holt Construction, said she welcomes regulation upgrades. “If anything, stiffer penalties and surprise sweeps will allow authorities to effectively monitor the industry,” said Ms. Clappsy, adding that union employers and larger construction projects tend to follow more stringent safety codes. Ms. Clappsy said Holt Construction conducts monthly managerial meetings for code and procedure revision and employees have access to a full-time safety manager.

Calyx Wellington, owner of Cayo’s Bros. Wd. Contracting, Inc. objects to the safety to size ratio of the Suspended Worker Task Force industry evaluations. In providing home remodeling and construction services for residential and commercial buildings, Cayo’s Bros. primarily uses street-level support-scaffolds, and not the C-hook scaffold linked with recent construction fatalities. Mr. Wellington stated that he also holds regular safety meetings. Referring to the language barriers, Wellington said, “If I do have a non-English-speaking employee - which does not happen often - I try to help with training.”