The role of the construction superintendent has been made harder and is no easy feat. Thanks to Local Law 81, construction superintendents have a lot more added to their plate, and if you’re not on top of these laws and applying them, it could be costly for your business.
Local Law 81 of 2017
To improve construction safety in New York City, the Department of Buildings (DOB) issued Local Law 81 in 2017. This law expands the role of the construction superintendent with more tasks and responsibilities. Prior to Local Law 81, a site safety manager was required during the construction or demolition of major buildings over 10 stories high. Local Law 81 now requires construction superintendents to visit each site at least once each day when active work is occurring or meet any of the following conditions:
- New building construction
- Full demolition (excluding 1- 2- and 3-family homes)
- Removal of one or more floors
- Work requiring special inspection for the protection of sides of excavations
- Work requiring special inspections for underpinning
- Alteration and demolition of 50% of the floor area
- Jobs with enhanced risk to public and property
- Vertical/horizontal enlargement
- Any job determined by the commissioner that poses a risk to the public or property
It should be noted that no individual may be designated as the primary construction superintendent on more than 10 jobs.
Increased Responsibilities for the Superintendent
In addition, Local Law 81 has provided increased responsibilities for the site manager. No longer is it sufficient for the superintendent to just show up at the constriction or demolition site to oversee the work, they must now:
- Assure that all of the work being done at the site complies with the approved documents.
- Keep a detailed log of all daily activities at the site.
- Report to every job site for which they are responsible.
- Be responsible for all unsafe conditions listed in the building code. This can include unlicensed equipment operators, work without permits, improperly constructed sidewalk sheds, and standpipes, among others.
- Notify the NYC DOB in case of an accident to an individual on the site or to the adjoining property and record the incident in the daily log.
- Notify the responsible parties in case of unsafe conditions and ensure that the proper corrections are made.
- Be the point person to notify the NYC DOB for the 16 worksite conditions that require immediate DOB notification.
- Name a competent person on each job site to be present at all times work is being done.
Competent Person
Among the construction superintendent’s responsibilities is ensuring that a competent person is named to each job site. That competent person is to be present at the job site at all times work is being done. While it is not feasible for the construction superintendent to be present at a job site all day, a competent person is expected to be. Construction superintendents must designate a competent person to:
- Carry out orders
- Identify dangerous conditions
- Take corrective measures
- Report accidents
- Communicate construction safety instructions to workers
Site Safety Plans
Local 81 requires Site Safety Plans (SSP) for all buildings superintendents are assigned to. SSPs, specifically for construction sites under 10 stories, do not require approval by the DOB but must be always present at every worksite and must be available for NYC DOB inspection upon request. These non-DOB-approved SSPs are required for:
- New building construction or full demolition (excluding 1-3 family homes) under 10 stories
- Alterations under 10 stories
- Vertical/horizontal enlargement under 10 stories
- Demolition of 50%+ floor area over 12 months
- Underpinning/excavations
- Jobs with enhanced risk to public and property
If your project requires either a DOB Approved or Non-filed Site Safety plan, don’t worry. Our Safety Planning Team can help. If you need more information specific to site safety plans, click here to check out our previous blog that covers all of the ins and outs.
How Local Law 81 Impacts Your Business?
The NYC DOB will be routinely inspecting job sites for compliance with Local Law 81. If you are found not complying with the law, it could be a hefty price to pay. If found not complying, this is how your business could be impacted:
- Up to $25,000 in fines
- Suspension or revocation of license or Certificate of Competence
- Disciplinary action pursuant to the NYC Administrative Code
- Criminal prosecution
- Stop Work Orders or project delays
How You Can Comply with Local Law 81
It can be hard maintaining the standards expected with the increased duties and responsibilities put upon job sites due to Local Law 81. Some ways to ensure your job site is up to speed is to do the following:
- Have a construction superintendent for each job site.
- Always have a well-trained staff on the site. Local Law 196 requires all workers to be trained with the OSHA 10-hour and the OSHA 30-hour. DOB fines are up to $5,000 for each untrained worker and could be issued to the owner, permit holder, and employer of the untrained worker. Maintaining the proper training documentation for all workers is the responsibility of the construction superintendent.
- Always have a well-thought-out and constructed site safety plan available.
- Have regular safety audits. Audits provide practical safety enforcement and ensure the construction superintendent and competent person have all the required documentation like required logs, site safety plans, inspection checklists, orientations, incident documentation, job hazard analyses, etc. Job site safety audits help alleviate the unpredictability of a DOB spot inspection by ensuring all documents are up-to-date and readily available.
- Be aware of the OSHA Standards. OSHA sets the standards for health and safety on the job across many industries, including construction. Understanding OSHA regulations will also help keep you from having to pay fines for non-compliance and create a safer workplace. Those regulations include:
- Fall protection requirements
- Crane and derrick safety regulations
- Safety training and education
- Personal protective equipment
- Fire prevention measures
- Scaffolding safety requirements
- Ensure safety supplies that meet NYC DOB code requirements and OSHA standards. Some of those supplies include:
- Fire extinguishers
- Onsite signage
- First aid kits
- Personal protective equipment
- Fall protection
- Respiratory protection and fit testing
- Vertical netting
- Caution/danger tape
- Air horns
- Hot work permits
- Hard hats
- Body harness and lanyards
- 2-way radios
- Traffic flags
- Ground-fault circuit interrupters
- STOP/SLOW paddles
- FDNY safety boxes
Compliance Made Easier
You don’t have to go through it alone. Menotti Enterprise, LLC can help alleviate the stress of trying to stay compliant. When you work with Menotti Enterprise, we help reduce incidents, lower overhead costs, eliminate preventable delays, and keep you compliant by:
- Provide a registered superintendent to be responsible on each job site to ensure compliance with Local Law 81.
- Providing safety-related training courses from agencies like OSHA to DOB for anyone involved in construction. Our team will train your staff to meet standards and help them understand how to incorporate this knowledge into everything they do. You can schedule training at a time and location that works for you. Our safety trainers have years of construction and training experience and will ensure that your team is prepared and compliant with Local Law 81.
- Providing you with SSPs. We’ll assess your project, consult all applicable building codes, meet with your onsite team, if needed, and prepare drawings for your SSP. We will see your plan all the way through to ensure it’s available and on hand at every site to meet compliance.
Staying compliant with Local Law 81 is only a click away. Don’t risk your company’s reputation by being non-compliant with the laws that can make or break your business. Contact Menotti Enterprise, LLC today.
