The New York City Department of Buildings (DOB) is taking steps to prevent the type of dangerous job site conditions that resulted in the death of a construction worker in April. Department of Investigation (DOI) Commissioner Mark Peters commented that “the correlation between integrity and safety is direct: ignore integrity, disregard the rules and you are on course to disastrous results.”
Recipe for disaster
Indictments were issued on August 5, 2015, in the case of the April 6 death of a construction worker as a result of unsafe work conditions. Starting in February, the special inspector hired to observe the site had noted that conditions at the excavation site were lacking with respect to workers’ safety—especially the trenches, which were not secured by either sloping or shoring methods. The inspector pointed out the deficiencies repeatedly in meetings and emails, but safety practices did not improve.
On April 6 an inspector visiting the site made persistent efforts to inform the site superintendents that the unsecured trench was too deep for workers to enter. Despite these warnings, workers continued to work in the trench as it reached greater depths. A concrete truck was en route that day, and the job was behind schedule, causing the contractor to ignore the inspectors’ pleas. Within hours, the trench collapsed before the workers were able to evacuate, resulting in the death of one worker.
Aftermath and investigation continue
Along with the August 5 indictments, the DOB announced that they have suspended the general contractor’s license, no longer allowing them to work in the city.
As a result of their investigation, the DOB has set up a Construction Fraud Task Force to tackle this major public safety issue. This multi-agency task force brings together key law enforcement partners that are familiar with investigations of this type.
The DOB is also working to provide an emergency telephone number for special inspectors at project sites. Per the building code, the special inspector’s responsibility is limited to testing and observing, not monitoring worker safety or making decisions about the means and methods of construction. This emergency number will allow inspectors to report unsafe conditions to the proper authorities if the contractor doesn’t correct them.
DOB gets tough
In September, as an example of the DOB’s aggressive stance on site safety, the DOB revoked the license of a general contractor owing more than $600,000 in penalties: the most violations of any registered contractor in the city. The DOB is also pulling more than 400 work permits held by that contractor. This type of action is part of Commissioner Rick Chandler’s focus on safety. Chandler stated, “This case should once again remind construction professionals that the department will not tolerate any abuse of the construction codes at the expense of worksite or public safety. This department will continue to take aggressive disciplinary action against the licenses of any construction professionals that ignore their legal obligations.”
Building a safer future
Going forward, clients, contractors and inspectors should be aware that the DOB is taking all construction site safety violations very seriously. With the increase in building activity this year, there has also been an increase in the number of injuries and deaths at project sites.
The building commissioner’s stance is clear: “The industry should take notice: an attitude that violations are simply the cost of doing business will no longer be tolerated.”
For any additional questions or comments on this topic, please contact Milrose Consultants.
