Accident Site Shut Down

With all of the major construction and crane accidents happening in New York City in the recent months, the TGL Law Blog has some excellent news about the sites where one of those accidents occurred. It looks like all work has been halted no the site by the city of New York:

The site of a major construction accident this past March in Manhattan has been officially foreclosed on after the city revoked the site’s building permits. The project at 303 East 51st Street had a major crane collapse which killed seven people and forced the evacuation of many neighbors in the area. After review by city officials, it was discovered that the developer never had the proper building permits in the first place, and was rejected for a renewal on them.

 

New Building Comissioner

Great news last week from Newsday.com regarding building and construction reform in New York City:

New York City Mayor Michael Bloomberg is promoting his acting buildings commissioner to take the job permanently.

Bloomberg announced on his Friday radio show that he will appoint Robert LiMandri as commissioner. LiMandri was a deputy commissioner under Patricia Lancaster, who resigned under pressure in April during a spate of deadly construction accidents.

The mayor promoted LiMandri a day after the City Council changed the requirements for the job. The commissioner no longer needs to be licensed as an engineer or architect.

The mayor says LiMandri "is really the right guy for the right time."

Even More Construction Reform

Great news today courtesy of NY1.com:

 

Following a series of deadly accidents amid the city’s construction boom, the City Council is again taking up the issue of construction safety today. The council is scheduled to vote on legislation mandating that a site safety manager be present during concrete pouring operations, and that workers take safety courses. They’ll also take up a bill that will change the requirements for becoming the city’s Buildings Commissioner. Under the current law, the position must be held by a certified architect or engineer.

 

Crane News

Yet another crane accident occurred last week, leading the questions to fly regarding why there is such an influx of crane accidents this year as compared to the past. Several people who have been closely following the outbreak weighed in on the issue:

“I contend that (the accidents are) due to the real excess of construction activity in the U.S. in the last three or four years,” said Bernard Ross of the engineering and scientific consulting firm Exponent in Menlo Park, Calif.

Ross, whose specialty is heavy equipment and crane failure, said, “There’s just a very large increase in the number of cranes that are on job sites.” And, with the spike in crane use, there’s a resulting lack of workers qualified to operate the machines, Ross said. That compounds the potential for crane problems. There is no evidence that the crane operator in Monday’s local accident was not qualified.

National research on accidents, based on data collected by the federal Occupational Safety and Health Administration, shows that from 2000 to 2006 there’s been an average of 78 crane-related deaths a year in the United States.

However, those numbers downplay the extent of crane problems, according to Tom Barth, a Goose Creek crane inspector and operator who also investigates collapses.

OSHA only tracks failures that result in fatalities or multiple injuries. Close calls like the incident at the Hilton Head marina aren’t counted. Barth said there’s a need for stiffer regulation. In South Carolina and 34 other states, crane operators are not required to be certified. He said that too often workers are learning to operate cranes on the job.

 

Jersey City Construction Amendments

The city council of Jersey City last week unanimously approved a safety manual that would apply to construction regulations throughout the city. The new law will also allow the Construction Code Official for the city to enforce the rules. The new safety manual includes:

  • Any structure four stories or higher must have a standpipe that allows water to be pumped to upper floors.
  • When a building reaches 150 feet, a temporary fire pump must be installed.
  • Rules for preventing materials from becoming airborne in the event of high winds.
  • A tower crane can be used on a construction site only after Meyer is shown a plan on placement.
  • There are operating procedures under windy conditions.
  • And the builders must have a report showing the soil underneath is stable enough to support the weight of a crane.
New Crane Fines

Great news from Newsday.com regarding new fines for those who violate the construction laws regarding crane operation. Many construction accidents have occurred recently in New York with cranes, and the new legislation is a big step forward in thwarting any future accidents from happening.

Criminal and civil penalties will increase for compromising David Paterson.

The law effective Nov. 1 makes altering licensing exams a felony. It also imposes fines of up to $5,000 for inspectors who falsify reports and permanently revokes their licenses.

The measure follows a spike in construction accidents in New York City, where crane accidents have killed at least nine people since March.

Construction Accident

A developer in New York state with ties to Donald Trump is under scrutiny lately after several incidents at his building sites became a cause for concern. Several injuries have occurred at the various construction sites, including one fatality, and now work has been ordered to cease after the latest issue.

Mayor Dannel Malloy announced the new limits three days after a four-by-four piece of lumber fell from the 24th floor of the Trump Parc project during a storm Friday, smashing through the roof of a postal truck and narrowly missing its driver in what was at least the fourth accident at the site in several months. A week earlier, the city shut down work on the tower after a cable blew from an upper floor and shattered a window at a University of Connecticut building.
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"No concrete work, no HVAC, no plumbing, no drywall, nothing," Malloy said yesterday, describing the new constraints. He said officials are "upset and angered" by the latest accident and he dismissed the safety improvements Cappelli said he was taking on his own, including disassembling the construction crane and removing all concrete framing by Friday.

 

Change In Construction Law

The blogger for Trolman, Glaser and Lichtman reported on a letter issued by nine U.S. senators to create reform in construction laws.  With frequent crane accidents in the last six months or so, reform couldn’t come a moment sooner.

With the outbreak of construction accident fatalities all across America, nine senators have lead the charge towards reform. The senators, which include Patty Murray of Washington, Harry Reid of Nevada, and Barack Obama of Illinois, sent a letter to Labor Secretary Elaine Chao asking her to make initiatives to improve worker safety on construction sites. Also included in the requests was improved crane regulations which haven’t been revised since 1971. The steps taken by the senators is in part due to the perceived lack of action by the current administration to make changes to the regulations on the books.

Hopefully any reform that is coming will help prevent more construction accidents from happening.

Crane Inspections

Good news for construction workers in New York City who were worried over any further crane accidents came over the weekend from Newsday.com:

Authorities say surprise checks of nearly 50 construction cranes around New York City have uncovered no unlicensed operators.

City investigators randomly checked 47 cranes Friday. The Department of Investigation says all the rigs had properly licensed operators, but one crane had an expired permit. A partial stop-work order and a violation were issued.

The checks follow a spike in construction accidents throughout the city, where crane accidents have killed at least nine people since March.

Twenty DOI and Buildings Department staffers fanned out to construction sites in Manhattan, Brooklyn, Queens and the Bronx.

DOI Commissioner Rose Gill Hearn calls the operation "both a proactive safety measure and a strong deterrent message."

Construction Reform

Following up on last week’s news that New York City mayor Michael Bloomberg was going to be signing new laws to protect construction workers in the city, details have emerged on exactly what they entail:

The first (Intro 763-A) classifies "housekeeping violations" — which can cover anything from loose materials to tripping hazards — as immediately hazardous. This designation would create stricter penalties for work sites that tend to be sloppy and require they be fixed promptly. Sites that do not comply with the legislation, which was sponsored by Councilmember Annabel Palma, could face a penalty of $5,000.

The council also approved legislation (Intro 687) requiring the annual inspection of structurally compromised buildings. Buildings recently involved in a fire or that have been threatened structurally by other means will have to be inspected by a professional engineer annually. Inspections must continue annually, according to the bill, until the building is found to be in sound condition.

In addition, the council approved legislation (Intro 793) requiring the more stringent inspection of retaining walls.

The new safety features are now in effect and should help reduce accidents on construction sites.

 

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