Construction sites are inherently hazardous environments, posing risks to workers, bystanders, and the general public. In response to these concerns, New York City enacted Local Law 78 in 2017, a legislative measure aimed at enhancing transparency, accountability, and safety within the construction industry. This comprehensive guide delves into the intricacies of this law, exploring its provisions, implementation, and potential impact on the construction sector.
“Local Law 78 is a crucial step towards enhancing safety standards in the construction sector,” says Brian Mittman, Esq., a seasoned attorney with extensive experience handling construction accident cases. “By requiring the reporting of fatalities and significant injuries, this law sheds light on the frequency and severity of incidents, enabling regulatory bodies to identify problem areas and implement targeted safety measures.”
Mittman emphasizes the law’s potential impact on the industry, stating, “The substantial fines authorized by Local Law 78 serve as a powerful deterrent against negligent practices, incentivizing construction companies to prioritize worker and public safety. Moreover, the public availability of accident reports promotes transparency and accountability, empowering advocacy groups and the community to monitor industry practices closely.”
Understanding Local Law 78
Local Law 78, officially known as the “Construction Safety Reporting Law,” was introduced to shed light on the frequency and severity of construction site accidents in New York City. At its core, the law mandates the reporting of specific incidents to the Department of Buildings (DOB) and imposes penalties for non-compliance.
Reportable Incidents
Under Local Law 78, site owners, general contractors, and subcontractors are required to report the following incidents to the DOB within three days of occurrence:
- Fatalities: Any construction-related fatality involving a worker or member of the public.
- Significant Injuries: Injuries sustained by a worker or bystander that necessitate ambulance transportation to a medical facility.
Reporting Requirements
When reporting an incident, construction entities must provide detailed information, including:
- Names of the site owner and, if applicable, the contractor employing the injured worker
- A thorough description of the incident and the work being performed
- Identification of any violations issued as a result of the incident
- Number of individuals injured or killed
- Date, time, and location of the incident
- Union affiliation status of the injured worker (if applicable)
Enforcement and Penalties
To ensure compliance and incentivize responsible construction practices, Local Law 78 authorizes the DOB and the Environmental Control Board to impose civil penalties for violations. These penalties can range from $2,500 for failure to report an injury to $25,000 for hazardous violations, with additional daily fines for ongoing non-compliance.
Promoting Transparency and Accountability
One of the key objectives of Local Law 78 is to foster transparency and accountability within the construction industry. The law requires the DOB to compile and publish monthly reports detailing all reported construction accidents. These reports are publicly available on the City of New York website, providing valuable insights into construction site safety practices and potential areas for improvement.
Impact on the Construction Industry
The implementation of Local Law 78 has far-reaching implications for the construction industry in New York City. By mandating accident reporting and imposing substantial fines, the law incentivizes construction companies to prioritize worker and public safety. It also empowers regulatory agencies with data-driven insights, enabling them to identify patterns, address systemic issues, and develop targeted interventions to enhance overall construction site safety.
Moreover, the public availability of accident reports serves as a powerful tool for stakeholders, including workers, advocacy groups, and the general public, to monitor industry practices and hold construction entities accountable. This increased scrutiny can drive positive change and foster a culture of safety within the construction sector.
New York City’s Local Law 78 represents a significant step towards improving construction site safety and enhancing transparency within the industry. By mandating accident reporting, imposing substantial penalties, and promoting public access to incident data, this law aims to create a safer environment for workers, bystanders, and the community at large. As the construction industry adapts to these new regulations, it is crucial for all stakeholders to embrace a proactive approach to safety, prioritizing worker well-being, public safety, and legal compliance.
Markhoff & Mittman Construction Accident Lawyers Brooklyn, NY
If you or a loved one suffered injuries in a construction accident in or around Brooklyn NY, please contact our law office about a free case consultation:
Markhoff & Mittman, P.C.
300 Cadman Plaza West 12th Floor, Room 12071
Brooklyn, NY 11201, USA
(718) 509-3599
Source: https://www.nyc.gov/assets/buildings/pdf/incident_reporting_reminder_sn.pdf
#ConstructionSafety, #LocalLaw78, #NYCConstruction, #AccidentReporting, #WorkerSafety, #PublicSafety, #ConstructionRegulations, #LegalCompliance, #ConstructionIndustry, #NYCLaws