NYC Local Law 196: How to Comply (Without Getting Hit with $5,000 Fines)

NYC local law 196 job site safety
Local law 196 was created in order to protect workers through additional safety training

New Yorkers, are you prepared for unannounced safety checks at your construction site?

If not, you could be hit with a $5,000 fine or more.

This according to bill Intro 1447-C, otherwise known as Local Law 196, which was signed into law by New York City Mayor Bill de Blasio on October 16, 2017.

Later in this post, we’ll explain what Local Law 196 requires, who it affects, and how to comply with it so you don’t get hit with any fines.

But first, let’s see exactly what it is.

What is Local Law 196?

Falling-related fatalities for construction workers reached an all-time high in 2017, totaling 10 deaths according to New York’s Department of Buildings (DOB).

Local Law 196 was introduced to prevent that number from climbing in 2018 and beyond.

It mandates that workers at certain job sites receive 40 hours of safety training, while supervisors at certain job sites receive 62 hours of safety training.

What are the Local Law 196 Requirements and Who Needs to Be Trained?

These are the people on your job site who must be trained:

  • New entrants to construction.
  • Supervisors such as construction superintendents, concrete safety managers, site safety coordinators, site safety managers, and competent persons.
  • Workers at job sites with a Site Safety Plan as well as job sites with a superintendent, site safety coordinator or site safety manager.

There are 3 phases of Local Law 196. We’ll cover each and explain exactly what is required of your workers and supervisors.

Phase 1

Phase 1 of Local Law 196 has already been initiated. It started on March 1, 2018.

That means all workers and supervisors at this point must have received a minimum of 10 hours of training. New entrants to your construction site are required to complete this training prior to working.

Phase 2

Phase 2 of Local Law 196 begins on December 1, 2018. All workers at this point will be required to carry at least a Limited Site Safety Training (SST) Card.

To obtain a Limited SST Card, you have to do ONE of the following:

  • Complete OSHA 10 and undergo 20 additional hours of training specified by New York’s DOB. This includes 8 hours of training about preventing falling-related fatalities.
  • Complete OSHA 30
  • Complete a 100-hour program approved by the DOB.

All supervisors at this point must complete site safety training to obtain their requisite SST Supervisor Card.

Phase 3

Phase 3 of Local Law 196 begins on May 1, 2019.

At this point, all workers are expected to have their training complete, which could be any of the following:

  • OSHA 10 in addition to 30-45 hours of training approved by the DOB, which of course includes those 8 hours on the dangers of falling workers and objects.
  • OSHA 30 in addition to 10-25 hours of training approved by the DOB, including 8 hours of preventing falling-related accidents.
  • A 100-hour training program approved by the DOB.

And again, supervisors will have to complete site safety training to get their SST supervisor card.

How Can You Meet the Local Law 196 Requirements?

If you completed any of this training online before October 16, 2017, it will be recognized and accepted as valid.

However, any training you take after that date will have to be in-person training or actively proctored online training – meaning, a person oversees your online training to ensure you’re present for the entirety of the training course.

Once you complete the course, you should receive a wallet-sized Site Safety Training Card that must include specific information and security features, such as:

  • Unique identification card number.
  • Photographs of the person to whom it was issued.
  • Date of course completion.
  • Expiration date.
  • Name and address of provider of issuance.

Who is Exempt from Local Law 196?

Not everyone needs to undergo additional training or obtain a Site Safety Training Card.

Here’s a list of everyone exempt from Local Law 196:

  • Delivery persons
  • Flag persons
  • Professional engineers
  • Registered architects
  • Department-licensees and Department-registrants (excluding safety professionals)
  • Workers at job sites that only involve minor alterations or the construction of a new 1-, 2-, or 3-family home

What Happens if You Violate Local Law 196 Requirements?

As we alluded to earlier in this post, owners of job sites with workers who don’t meet Local Law 196 requirements will face stiff fines.

If the DOB discovers an untrained worker on a construction site, the owner of the site, the permit holder, and the employer of the untrained worker will each be given a $5,000 civil penalty.

And if the permit holder hasn’t kept a detailed log that demonstrates all the workers on-site are trained, they’ll be hit with a $2,500 penalty.

Recap of Local Law 196

Just to make sure you understand what you need and when you need it to comply with Local Law 196, here’s a quick recap.

  • March 1, 2018 is when all workers are required to have at least 10 hours of training to be able to work
  • December 1, 2018 is when all workers (old and new) need to at least have a Limited SST Card and all supervisors need to have an SST Supervisor Card
  • May 1, 2019 or September 1, 2020 is when all workers must have an SST Card

And so it’s crystal clear on how to get an SST Card, here are the requirements again:

How Workers Obtain an SST Card

  • 10-hour OSHA training plus 30 additional SST training hours
  • 30-hour OSHA training plus 10 additional SST training hours
  • 100-hour DOB sponsored training

By the way, if you have 40 hours of SST training before December 1, 2018 you can simply obtain a full SST Card without getting the Limited SST Card.

How Supervisors Obtain an SST Card

  • 30-Hour OSHA
  • 8-Hour Fall Protection Course
  • 8-Hour Site Safety Manager Refresher Training
  • 4-Hour Supported Scaffold User Training
  • 2 hours of each of the following topics:
    • Site safety plans
    • Toolbox talks
    • Pre-task meetings
    • General electives,
    • Specialized electives,
    • Drug & Alcohol Awareness

This card will be valid for a 5-year period and will require 16-hours of SST training to renew.

And there you have it.

Everything New York construction workers, supervisors, and site owners need to know about Local Law 196.

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Top OSHA violations: the 10 Most Frequently Cited in 2017

Keep your workplace safe by knowing and avoiding the top OSHA violations for 2017
Keep your workplace safe by knowing and avoiding the top OSHA violations for 2017

 

The top OSHA violations for 2017 was recently released at the National Safety Council’s annual Congress & Expo.

The list comprises the most frequently cited violations observed by OSHA’s inspectors during Fiscal Year 2017.

Here’s the full list including the number of violations for each:

  1. Fall Protection – General Requirements (1926.501): 6,072 violations
  2. Hazard Communication (1910.1200): 4,176
  3. Scaffolding (1926.451): 3,288
  4. Respiratory Protection (1910.134): 3,097
  5. Lockout/Tagout (1910.147): 2,877
  6. Ladders (1926.1053): 2,241
  7. Powered Industrial Trucks (1910.178): 2,162
  8. Machine Guarding (1910.212): 1,933
  9. Fall Protection – Training Requirements (1926.503): 1,523
  10. Electrical – Wiring Methods (1910.305): 1,405

Most of the violations remained the same as last year, with fall protection occupying the top spot for the 7th year in a row.

One new addition was “Training Requirements” for fall protection, which came in 9th place.

As Patrick Kapust, deputy director of OSHA’s Directorate of Enforcement Programs, said during his presentation:

“One thing I’ve said before in the past on this is, this list doesn’t change too much from year to year. These things are readily fixable. I encourage folks to use this list and look at your own workplace.”

In that same spirit, here are the top 10 OSHA violations you should know about to make your workplace safer for all employees.

10 Top OSHA Violations

Top OSHA Violations #1: Fall Protection – General Requirements

The Fall Protection section sets forth requirements for employers to provide fall protection systems.

According to OSHA:

“The employer shall determine if the walking/working surfaces on which its employees are to work have the strength and structural integrity to support employees safely. Employees shall be allowed to work on those surfaces only when the surfaces have the requisite strength and structural integrity.”

Make sure you provide your employees with proper fall protection gear every time they’re working at unsafe heights.

Top OSHA Violations #2: Hazard Communication

The Hazard Communication section attempts to “ensure that the hazards of all chemicals produced or imported are classified, and that information concerning the classified hazards is transmitted to employers and employees,” according to OSHA.

OSHA designed their requirements to match those of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

OSHA suggests that you create “comprehensive hazard communication programs, which are to include container labeling and other forms of warning, safety data sheets and employee training.”

Top OSHA Violations #3: Scaffolding

The Scaffolding section outlines how a scaffold ought to be constructed for optimal safety.

For example, part 1926.451(a)(1) says “each scaffold and scaffold component shall be capable of supporting, without failure, its own weight and at least 4 times the maximum intended load applied or transmitted to it.”

Top OSHA Violations #4: Respiratory Protection

The Respiratory Protection section involves the “control of those occupational diseases caused by breathing air contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or vapors, the primary objective shall be to prevent atmospheric contamination,” according to OSHA.

It applies to general industry, shipyards, marine terminals, longshoring, and construction.

You’re required to provide appropriate environmental controls (like ventilation systems) and/or effective respiratory protection devices (like respirators) when your employees are working around hazardous airborne pathogens.

Top OSHA Violations #5: Lockout/Tagout

The Lockout/Tagout section covers the servicing and maintenance of machines and equipment in which the unexpected energization or start up of the machines or equipment, or release of stored energy, could harm employees,” according to OSHA.

Your role in protecting employees here is to train them to shut down machines properly, or quickly shut down a machine if it starts up accidentally. You should also conduct periodic inspections of equipment to ensure everything is in working order.

Top OSHA Violations #6: Ladders

The Ladders section outlines requirements for all ladders, including job-made ladders.

For example, part 1926.1053(a)(1)(i) says that each self-supporting portable ladder must sustain “at least four times the maximum intended load, except that each extra-heavy-duty type 1A metal or plastic ladder shall sustain at least 3.3 times the maximum intended load. The ability of a ladder to sustain the loads indicated in this paragraph shall be determined by applying or transmitting the requisite load to the ladder in a downward vertical direction.”

Top OSHA Violations #7: Powered Industrial Trucks

The Powered Industrial Trucks section “contains safety requirements relating to fire protection, design, maintenance, and use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines.”

Any trucks that you use that are designated in this section must adhere to the standards laid out in the American National Standard for Powered Industrial Trucks, Part II, ANSI B56.1-1969.

Top OSHA Violations #8: Machine Guarding

The Machine Guarding section details these requirements:

“One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods are-barrier guards, two-hand tripping devices, electronic safety devices, etc.”

Your job is to protect your employees from injuring themselves by guarding all unsafe and dangerous objects, machines, or points in your workplace.

Top OSHA Violations #9: Fall Protection – Training Requirements

The Fall Protection – Training Requirements section requires employers to “provide a training program for each employee who might be exposed to fall hazards,” according to OSHA.

Your role is to help all of your employees understand the hazards of falling and train each of them in the procedures outlined in this section to minimize the danger of falling.

Top OSHA Violations #10: Electrical – Wiring Methods

The Electrical – Wiring Methods section details requirements for all forms of wires and cables.

For example, part 1910.305(a)(1)(i) states that “Metal raceways, cable trays, cable armor, cable sheath, enclosures, frames, fittings, and other metal noncurrent-carrying parts that are to serve as grounding conductors, with or without the use of supplementary equipment grounding conductors, shall be effectively bonded where necessary to ensure electrical continuity and the capacity to conduct safely any fault current likely to be imposed on them.”

How to Comply with the Top OSHA Violations

If you want your agency to comply with OSHA’s requirements and not violate any of their mandates, then you’re going to need top-of-the-line training from an organization that specializes in Government Elearning.

You can use our safety health programs to quickly and effectively train your employees to adhere to OSHA’s standards.

From fall protection to hazard communication, we have all the courses you need to stay compliant and keep your workplace safe.

Experience the proven, easy-to-use, and cost-effective benefits of online training by scheduling your free online training consultation today!

Schedule Free Consultation