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News Sept. 13, 2022

New York comptroller report deems construction site inspections inadequate

A new report shows nearly 90% of active New York City construction sites visited by the state comptroller’s office had safety issues, and the city’s Department of Buildings does not effectively prioritize which sites get inspected, according to constructiondive.com.

Officials from the New York State Comptroller visited 18 active construction sites during summer 2021 and reported 16 of those sites had a total of 77 safety issues, such as not having a site safety manager; missing or incomplete site safety logs and daily inspection records; and no documentation of workers completing required safety training or attending mandatory safety meetings.

The report states in 60% of cases where hazardous conditions were present for more than 30 days, the DOB did not issue a citation for failing to correct the problem.

Though the DOB agreed with most key recommendations in the report, DOB Commissioner Eric Ulrich said in an email to the deputy comptroller that “it is important to note that the onus is on contractors and site safety professionals” to ensure safety on construction sites. He said although the DOB has procedures in place to follow up regarding injuries and fatalities, there are “practical limitations that at times prevent DOB from becoming aware of deaths that occur after an incident or accident has occurred at a construction site.”

However, New York State Comptroller Thomas P. DiNapoli said in the report that it is the DOB’s responsibility to enforce construction site safety regulations: “When DOB is aware of a pattern of non-compliance, such as unaddressed safety issues, it should escalate enforcement actions.”

To identify the safety issues cited in the report, New York State Comptroller officials visited 43 construction sites—18 of which actively were under construction—between June 10, 2021, and Aug. 31, 2021. However, Ulrich said DOB staff were not present during those visits, and the department could not act against any potential violations.

DOB reported 2,003 building construction-related incidents occurred between Jan. 1, 2018, and May 15, 2021, that resulted in 36 deaths and 2,066 injuries.

The comptroller’s report said DOB needs to enhance its efforts to ensure owners, contractors and other responsible parties report all building construction site incidents and comply with codes, rules and regulations. The report found the DOB’s enforcement activities do not address hazardous on-site conditions in a timely manner; the department does not prioritize which sites should be proactively inspected for safety conditions; and the DOB’s procedures to identify incidents and report injuries and deaths at building construction sites are inadequate.

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