Local Law 196 of 2017 requires certain workers and supervisors to receive safety training at construction sites that are required to designate a Construction Superintendent, Site Safety Coordinator or Site Safety Manager. When fully phased-in, Local Law 196 of 2017 will require:
Workers at certain job sites receive 40 hours of safety training; and
Supervisors at certain job sites receive 62 hours of safety training.
Workers at job sites that are required to designate a Construction Superintendent, Site Safety Coordinator or Site Safety Manager.
Supervisors (Site Safety Managers, Site Safety Coordinators, Concrete Safety Managers, Construction Superintendents and competent persons) at these job sites must also be trained.
Who does not need training?
Delivery persons, flag persons, professional engineers, registered architects, Department-licensees and Department-registrants (excluding safety professionals) are not required to be trained.
If you fall into one of these categories but serve as a Site Safety Manager, Site Safety Coordinator, Concrete Safety Manager, Construction Superintendent or competent person designated by a Construction Superintendent, you must receive the appropriate training.
While licensees do not need to be trained, employees working under their direct and continuing supervision must be trained.
What happens if training isn't done?
Permit applicants will be required to certify to the Department that workers who will be working under the permit will have the requisite training.
If the Department discovers that workers at a construction site are untrained, the Department will issue a violation with civil penalties that go as high as $5,000 per untrained worker to the owner of the site, the permit holder and the employer of the untrained worker. These civil penalties can be mitigated if an employer sponsors training for such untrained worker.
If the Department discovers that a permit holder has failed to maintain a log that demonstrated that all of the workers at a site are trained, the Department will issue a violation with a civil penalty of $2,500.
The Department will also conduct unannounced inspections at sites where untrained workers have been discovered.
General contractors must post worker safety information signs at construction sites where site safety training is required.
The signs must:
contain specific information about required worker safety training, including all site safety training deadlines and the number of required training hours, and the information must
be in all the languages used by workers to communicate at the construction site. In addition, the signs must
be clearly visible to workers and must be posted at the construction site as follows:
Sites with construction fencing must post a sign at each egress point on the inside of the construction fencing, including vehicle delivery fence gates and existing loading docks.
Sites without construction fencing must post a sign at each egress point within the controlled access zone where construction is taking place and at each existing loading dock or location being used for construction delivery or access.
To comply with the new requirements, the posted sign must:
be 44 inches wide and 30 inches high;
have letters at least 1 inch (25 mm) high;
have white letters on a blue background; and
be made of a durable and weatherproof material such as vinyl, plastic, or aluminum that is flame retardant.
The Department has created a template of the worker safety information sign that complies with this new requirement in all the languages used by workers to communicate at the construction site: