File #: Int 1447-2017    Version: Name: Construction site safety training for workers and repealing section 3310.10.2 of the New York city building code.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Housing and Buildings
On agenda: 1/18/2017
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to construction site safety training for workers and repealing section 3310.10.2 of the New York city building code
Sponsors: Jumaane D. Williams, Carlos Menchaca, Ben Kallos, Elizabeth S. Crowley, Rory I. Lancman, I. Daneek Miller, Daniel Dromm , Rafael Salamanca, Jr., Ritchie J. Torres, Costa G. Constantinides, Corey D. Johnson, Deborah L. Rose, Antonio Reynoso, Stephen T. Levin, Rafael L. Espinal, Jr., Barry S. Grodenchik, Karen Koslowitz, Ydanis A. Rodriguez, Mathieu Eugene, Alan N. Maisel, James Vacca, Vincent J. Gentile, Fernando Cabrera , Mark Treyger, Annabel Palma, Andy L. King, Julissa Ferreras-Copeland, James G. Van Bramer, Mark Levine, Daniel R. Garodnick, Donovan J. Richards, Helen K. Rosenthal, Vanessa L. Gibson, Andrew Cohen, Robert E. Cornegy, Jr., Brad S. Lander, Margaret S. Chin, Laurie A. Cumbo, Paul A. Vallone, Inez D. Barron, Bill Perkins, Chaim M. Deutsch, Rosie Mendez, Peter A. Koo, Joseph C. Borelli, Eric A. Ulrich, The Public Advocate (Ms. James), (by request of the Manhattan Borough President)
Council Member Sponsors: 47
Summary: This bill specifies certain training and qualification requirements that the persons engaged in the construction and demolition of certain buildings must meet.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 1447, 2. January 18, 2017 - Stated Meeting Agenda with Links to Files, 3. Int. No. 1447, 4. Committee Report 1/31/17, 5. Hearing Testimony 1/31/17, 6. Hearing Transcript 1/31/17, 7. Proposed Int. No. 1447-A - 7/25/17
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/31/2017*Jumaane D. Williams Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
1/31/2017*Jumaane D. Williams Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
1/18/2017*Jumaane D. Williams City Council Referred to Comm by Council  Action details Meeting details Not available
1/18/2017*Jumaane D. Williams City Council Introduced by Council  Action details Meeting details Not available

Proposed Int. No. 1447-A

 

By Council Members Williams, Menchaca, Kallos, Crowley, Lancman, Miller, Dromm, Salamanca, Torres, Constantinides, Johnson, Rose, Reynoso, Levin, Espinal, Grodenchik, Koslowitz, Rodriguez, Eugene, Maisel, Vacca, Gentile, Cabrera, Treyger, Palma, King, Ferreras-Copeland, Van Bramer, Levine, Garodnick, Richards, Rosenthal, Gibson, Cohen, Cornegy, Lander, Chin, Cumbo, Vallone, Barron, Perkins, Deutsch, Mendez, Koo, Borelli and Ulrich, and the Public Advocate (Ms. James),  (by request of the Manhattan Borough President)

 

A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to construction site safety training for workers and repealing section 3310.10.2 of the New York city building code

 

Be in enacted by the Council as follows:

Section 1. Article 103 of title 28 of the administrative code of the city of New York is amended by adding new sections 28-103.26 and 28-103.27 to read as follows:

§ 28-103.26 Site safety training (SST) task force. The commissioner shall convene and provide staff for an SST task force in accordance with the following:

 

1.                      Such task force shall be composed as follows:

 

1.1. The commissioner, or the designee of such commissioner, shall serve as the chairperson of such task force.

 

1.2. The task force shall consist of 14 members, in addition to the chairperson. Seven of the additional members of such task force shall be appointed by the mayor or the mayor’s designee, and seven of the additional members of such task force shall be appointed by the speaker of the council.

 

1.3. Where practicable:

 

1.3.1. At least three members appointed by the mayor or the mayor’s designee and at least three members appointed by the speaker of the council shall be primarily engaged in or have significant experience in providing or designing site safety training.

 

1.3.2. At least one member appointed by the mayor or the mayor’s designee and at least one member appointed by the speaker of the council shall represent the interests of construction workers.

 

1.3.3. At least one member appointed by the mayor or the mayor’s designee and at least one member appointed by the speaker of the council shall represent the interests of developers.

 

1.3.4. At least one member appointed by the mayor or the mayor’s designee and at least one member appointed by the speaker of the council shall represent the interests of contractors.

 

1.3.5. At least one member appointed by the mayor or the mayor’s designee and at least one member appointed by the speaker of the council shall be affiliated with an organization engaged in advocacy work relating to day laborers.

 

1.3.6. Vacancies shall be filled as soon as practicable in the same manner as original appointment.

 

2.                     Such task force shall meet at least quarterly.

 

3.                     Such task force shall provide the commissioner with recommendations relating to site safety training. Such recommendations shall include but need not be limited to recommendations relating to each of the following:

 

3.1. The development of and any changes to the curriculum for SST credits.

 

3.2. Criteria for obtaining an SST card, an SST supervisor card or an SST provider card, including requirements for language access plans.

 

3.3. Recommendations for requiring that workers obtain additional training for particular kinds of work including, but not limited to, confined space work.

 

3.4 Recommendations for allowing training obtained before the effective date of section 3322 of the New York city building to satisfy the requirements for obtaining an SST card or SST supervisor card.

 

3.5. Ensuring compliance with section 3322 of the New York city building code.

 

3.6. Incentivizing employers to bear all or a substantial portion of the costs of compliance with such section.

§ 28-103.27 Site safety training. The commissioner shall develop and implement a program for assisting workers who may have difficulty in obtaining the training required to obtain SST cards or SST supervisor cards.

 

§ 2. Article 112 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-112.12 to read as follows:

§ 28-112.12 Site safety training fee. The commissioner may establish by rule, charge and collect a fee to offset the costs of developing and implementing the site safety training program required by section 28-103.27, provided that such rule satisfies each of the following conditions:

 

1.                     Pursuant to such rule, such fee shall only be charged to persons applying for permits relating to work at a building site to which the requirements of section 3322 of the New York city building code apply.

 

2.                     Pursuant to such rule, a person upon whom such a fee is imposed may obtain a reduction in the amount of such fee by showing, in a form and manner to be established by the commissioner, that such person has entered into a binding agreement with the department under which such person agrees to pay for the costs of one or more workers obtaining the training required to obtain and renew SST cards or SST supervisor cards.

 

3.                     Pursuant to such rule, no such fee shall be imposed upon a person who applies for a  permit relating to work at a building site to which the requirements of section 3322 of the New York city building code applies if such person shows, in a form and manner to be established by the commissioner, that the owner of such site, or a person acting on such owner’s behalf, has entered into a binding agreement with the department under which such person agrees to pay for the costs of all workers employed or to be employed at such site obtaining the training required to obtain and renew SST cards or SST supervisor cards.

 

§ 28-112.12.1 Reduction in fees and penalties for sponsoring site safety training. The commissioner may establish by rule a program for reducing the amount of any fee to be imposed upon a person or any civil penalty to be imposed upon a person for a violation, other than an immediately hazardous violation, where such person has entered into a binding agreement with the department under which such person agrees to pay for the costs of one or more workers obtaining the training required to obtain and renew SST cards or SST supervisor cards.

 

§ 3. Section 28-201.2.1 of the administrative code of the city of New York is amended by adding a new item 20 to read as follows:

20. A violation of section 3322 of the New York city building code.

 

§ 4. Section 28-202.1 of the administrative code of the city of New York, as amended by local law number 59 for the year 2016, is amended to read as follows:

§ 28-202.1 Civil penalties. Except as otherwise specified in this code or other law, violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be punishable by civil penalties within the ranges set forth below:

1.                      For immediately hazardous violations, a civil penalty of not less than one thousand dollars nor more than $25,000 may be imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $1,000 for each day that the violation is not corrected. The commissioner may by rule establish such specified daily penalties.

2.                      For major violations, a civil penalty of not more than $10,000 may be imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 for each month that the violation is not corrected. The commissioner may by rule establish such specified monthly penalties.

3.                      For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.

Exceptions:

1.  The owner, lessee, occupant, manager or operator of a building affected by a natural or man-made disaster, as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such building if (i) notice of such violation is issued by the department during the 90-day period immediately after such disaster or, in the case of a major natural or man-made disaster as determined by the commissioner, during the six-month period immediately after such disaster, and (ii) such violation is corrected on or before 40 days after such disaster period or such greater amount of time as determined by the commissioner for such violation. The notice of such violation shall state that such violation is subject to this exception and shall set forth the procedure and time period for correcting such violation without incurring a civil penalty. This exception shall not apply to immediately hazardous violations, violations charged as aggravated violations or violations without connection to such disaster, as determined by the department.

2.  The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject to a civil penalty for such violation if (i) such violation was connected to a natural or man-made disaster, as determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, work or acquisition through a city-operated disaster recovery program responding to such disaster.

3.  The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a violation resulting from work done by a city employee, or by a third party under contract with the city, in response to a natural or man-made disaster, provided that such violation is corrected on or before 60 days after the issuance of such violation, or such greater amount of time as determined by the commissioner for such violation. If such owner, lessee, occupant, manager or operator of a building can demonstrate to the satisfaction of the department that a city employee or third party under contract with the city has committed to correcting such violation then such violation shall be rescinded, without penalty. The notice of such violation shall state that such violation is subject to this exception and shall set forth the procedure and time period for correcting such violation without incurring a civil penalty. This exception shall not apply to immediately hazardous violations or violations charged as aggravated violations.

4.  The minimum civil penalty for a violation of section 28-408.1 or section 28-410.1 of this code shall be $2,500 for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed pursuant to item 1 of this section.

5.                     For a violation of section 28-210.1:

 

5.1. Unless exception 5.2 applies, the minimum civil penalty for a violation of section 28-210.1 in any building involving the illegal conversion, maintenance or occupancy of three or more dwelling units above the number of dwelling units that is legally authorized by the certificate of occupancy or if no certificate of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the number that is legally authorized by the certificate of occupancy or if no certificate of occupancy is required as evidenced by official records shall constitute a separate offense that shall be charged separately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for multiple violations of this exception may be based on the same evidence; and

 

5.2. The owner of a building shall not be subject to a civil penalty for a violation of section 28-210.1 in such building if such owner can show the following:

 

5.2.1. Such violation was the first such violation issued for such building or was issued within 30 days after such first violation;

 

5.2.2. At the time such violation was issued or, if such violation was issued within 30 days after such first violation was issued, the time such first violation was issued, a registration for such building has been properly filed with the department of housing preservation and development in accordance with article two of subchapter 4 of the housing maintenance code; and

 

5.2.3. At the time such violation was issued or, if such violation was issued within 30 days after such first violation was issued, the time such first violation was issued, such owner reasonably did not know of, or could not reasonably have known of such illegal conversion, the maintenance thereof or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.

 

6.  The minimum civil penalty for a violation of section 3322.1 of the New York city building code shall be $2,500.

 

7.                       The minimum civil penalty for a violation of section 3322.2 of the New York city building code shall be $10,000.

 

§ 5. Article 204 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-204.1.1 to read as follows:

§ 28-204.1.1 Violations of section 3322 of the New York city building code. In addition to any other penalties or remedies provided by law or rule, the following items shall apply to violations of section 3322 of the New York city building code:

 

1.                     Upon determining that a worker employed at a building site who is required to have an SST card or an  SST supervisor card, as applicable, pursuant to section 3322.1 of the New York city building code, does not have such a card:

 

1.1. The commissioner shall issue a notice of violation to the owner of such site, the SST monitor responsible for ensuring that such worker has such a card and the permit holder employing such worker at  such site. Each such worker shall constitute a separate violation that shall be noticed and charged separately and shall be punishable by a separate civil penalty.

 

1.2. The commissioner shall issue a stop work order for such site. Such order shall remain in effect until the commissioner determines that each of the following conditions have been satisfied:

 

1.2.1. For each such worker, if the commissioner determines that such worker has not been issued an SST card or an SST supervisor card, as applicable, pursuant to section 3322.1 of the New York city building code, such owner, a person acting on behalf of such owner or the permit holder employing such worker at such site shows, in a form and manner established by the commissioner, that such owner, a person acting on behalf of such owner or the permit holder employing such worker at such site has entered into a binding agreement with the department and such agreement satisfies each of the following conditions:

 

1.2.1.1. Pursuant to such agreement, the owner, a person acting on behalf of such owner or the permit holder employing such worker shall pay for the costs of such worker obtaining the training required to obtain or renew an SST card or a SST supervisor card, as applicable.

 

1.2.1.2. Pursuant to such agreement, such worker shall continue to be employed under the same terms and conditions that applied before such determination by the commissioner until (i) such worker successfully completes the training required to obtain or renew an SST card or an SST supervisor card, as applicable, (ii) work at such site concludes or (iii) 60 days elapses after such determination, whichever occurs earlier, except that, during such period, such worker shall be paid the average wage earned by workers performing similar work at such site.

 

1.2.2. All workers employed by permit holders at such site are in compliance with section 3322.1 of the New York city building code.

 

2.                     Upon determining that an SST monitor is not present at a site as required by section 3322.2.1 of the New York city building code:

 

2.1. A notice of violation shall be issued to the permit holder who designated the SST monitor for such site.

 

2.2. A rebuttable presumption shall be established that no worker employed by such permit holder at such site has an SST card or a supervisor SST card, as applicable, pursuant to section 3322.1 of the New York city building code.

 

2.3. The commissioner shall issue a stop work order for such site. Such order shall remain in effect until the commissioner determines that (i) an SST monitor is present for each permit holder at such site in accordance with section 3322.2.1 of the New York city building code and (ii) such site is in compliance with section 3322.1 of the New York city building code.

 

3.                     Upon determining that a daily log has not been maintained in compliance with section 3322.2.1 of the New York city building code for a permit holder at a building site, a notice of violation shall be issued to the owner of such site, the SST monitor designated by such permit holder and responsible for maintaining such log and the permit holder. Failure to maintain such a log establishes a rebuttable presumption that no worker employed by such permit holder at such site has an SST card or a supervisor SST card, as applicable, pursuant to section 3322.1 of the New York city building code.

 

4.                     Upon a finding by the environmental control board or a court of competent jurisdiction that a violation of section 3322 of the New York city building code has occurred at a building site, the commissioner shall conduct at least one unannounced inspection of such site each month to determine compliance with section 3322 of the New York city building code. Such inspections shall continue until the later of (i) one year after such finding or (ii) at least three consecutive inspections do not result in the issuance of a notice of violation of such section.

5.                     Upon a finding by the environmental control board or a court of competent jurisdiction that a person serving as an SST monitor for a building site has violated section 3322 of the New York city building code:

 

5.1. Such person shall be prohibited from being designated as or serving as an SST monitor for any building in the city for six months.

 

5.2. If such violation is such person’s second violation of such section, the commissioner may, after providing such person an opportunity to be heard, permanently prohibit such person from being designated as or serving as an SST monitor for any building in the city.

 

5.3. If such violation is such person’s third violation of such section, such person shall be permanently prohibited from being designated as or serving as an SST monitor for any building in the city.

 

6.                     Upon a finding by the environmental control board or a court of competent jurisdiction that the owner of a building site, a permit holder employing a worker at a building site or a person serving as an SST monitor for a building site, has violated section 3322 of the New York city building code, the commissioner shall conduct at least one unannounced inspection of each building site owned by such owner, each building site where such permit holder works and each building site where such SST monitor serves as an SST monitor.

 

§ 6. Section BC 202 of the New York city building code is amended by adding a definition for “OSHA” in appropriate alphabetical order:

OSHA. The United States Department of Labor Occupational Safety and Health Administration.

 

§ 7. Section 3302.1 of the New York city building code is amended by adding definitions for “OSHA 10-HOUR CLASS,” “OSHA 30-HOUR CLASS,” “SITE SAFETY TRAINING (SST) CARD,” “SITE SAFETY TRAINING (SST) CREDIT,” “SITE SAFETY TRAINING (SST) CREDIT CERTIFICATE,” “SITE SAFETY TRAINING (SST) MONITOR,” “SITE SAFETY TRAINING (SST) PROVIDER CARD,” “SITE SAFETY TRAINING (SST) SUPERVISOR CARD,” “SITE SAFETY TRAINING (SST) TASK FORCE” and “TEMPORARY SITE SAFETY TRAINING (SST) CARD” in appropriate alphabetical order:

OSHA 10-HOUR CLASS. A 10-hour class in construction industry safety and health that is intended for workers, approved by OSHA and conducted in accordance with the OSHA outreach training program.

 

OSHA 30-HOUR CLASS. A 30-hour class in construction industry safety and health that is intended for supervisors, approved by OSHA and conducted in accordance with the OSHA outreach training program.

 

SITE SAFETY TRAINING (SST) CARD. A card that satisfies each of the following conditions:

 

1.                     Such card is issued in a form and manner established by the department to a person who submits an application to an SST provider demonstrating, in a form and manner established by the department, that such person satisfies each of the following conditions:

 

1.1. If such person is applying for a new SST card, such person has SST credit certificates showing that such person has, within the four years preceding the date such application is filed, successfully completed at a minimum:

 

1.1.1. Nine SST credits in each of the following topics:

 

1.1.1.1. Fall protection.

 

1.1.1.2. Personal protection equipment.

 

1.1.2. Eight SST credits in safely working with machines.

 

1.1.3. Four SST credits in each of the following topics:

 

1.1.3.1. Working with hazardous chemicals or other materials.

 

1.1.3.2. Using a supported scaffold.

 

1.1.4. Two SST credits in each of the following topics:

 

1.1.4.1. OSHA and its role in construction industry safety and health.

 

1.1.4.2. Handling heavy materials and proper lifting techniques. 

 

1.1.4.3. Exit routes, emergency action plans, fire prevention and fire protection.

 

1.1.4.4. Confined space work.

 

1.1.5. One SST credit in each of the following topics:

 

1.1.5.1. Walking and working surfaces.

 

1.1.5.2. Electrical safety.

 

1.1.5.3. Hazard communication.

 

1.1.5.4. Concrete operations.

 

1.1.5.5. Demolition work.

 

1.1.5.6. Excavation work.

 

1.1.5.7. Construction and demolition work at major building sites.

 

1.1.5.8. Material handling.

 

1.1.5.9. Material hoisting.

 

1.1.5.10. Site perimeter protection.

 

1.1.5.11. Sidewalk sheds and fences.

 

1.1.5.12. Steel erection.

 

1.1.5.13. Tenant and occupant protection.

 

1.1.5.14. Ladders and stairs.

 

1.1.5.15. Drug and alcohol awareness.

 

1.1.5.16. Asbestos awareness.

 

1.1.5.17. Lead awareness.

 

1.2. If such person has an SST card and is applying to renew such card, such person satisfies the requirements of Item 1.2.1 or Item 1.2.2:

 

1.2.1. Such person has, within the four years preceding the date that such application is filed with the department, successfully completed a refresher requirement that the department has established by rule after receiving and reviewing recommendations from the SST task force.

 

1.2.2. If the department has not by rule established a refresher requirement as described in Item 1.4.1, such person has SST credit certificates showing that such person has, within the four years preceding the date that such application is filed with the department, successfully completed, at a minimum, 16 SST credits in topics set forth in Item 1.1.

 

2.                     Such card is issued by an SST provider who does not require applicants to submit any information except for (i) the information required by Item 1, (ii) a photograph of the applicant and (iii) such additional information as the department may allow by rule after receiving and reviewing recommendations from the SST task force.

 

3.                     Such card expires four years after issuance and is renewable.

 

SITE SAFETY TRAINING (SST) CREDIT. One hour of training that satisfies each of the requirements of Item 1, 2 or 3:

 

1.                      If such training is conducted before August 1, 2017, such training satisfies each of the following requirements:

 

1.1. Such training relates to a topic set forth in Item 1.1 of the definition of SST card and covers a curriculum for such topic established by the department.

 

1.2. Such training satisfies such other requirements as the department may establish by rule after receiving and reviewing recommendations from the SST task force.

 

2.                     If such training is conducted on or after August 1, 2017, but before January 1, 2018, such training satisfies each of the following requirements:

 

2.1. Such training is in-person training conducted by a person who has an SST provider card.

 

2.2. Such training relates to a topic set forth in Item 1.1 of the definition of SST card and covers the curriculum for such topic established by the department.

 

3.                     If such training is conducted on or after July 1, 2018, such training satisfies each of the following requirements:

 

3.1. Such training is in-person training conducted by a person who has an SST provider card.

 

3.2. Such training relates to a topic set forth in Item 1.1 of the definition of SST card and covers the curriculum for such topic established by the department after receiving and reviewing recommendations from the SST task force.

 

SITE SAFETY TRAINING (SST) CREDIT CERTIFICATE. A certificate that satisfies each of the following conditions:

 

1.                     Such certificate is issued, in a form and manner established by the department, to a person to show that such person has completed SST credits.

 

2.                     If such certificate is issued to show that a person completed SST credits before August 1, 2017, such certificate is issued by a person who (i) conducted such SST credits and (ii) satisfies requirements that the department shall establish by rule after receiving and reviewing recommendations submitted by the SST task force.

 

3.                     If such certificate is issued to show that a person completed SST credits on or after August 1, 2017, such certificate satisfies each of the following requirements:

 

3.1. Such certificate is issued by a person who (i) conducted such SST credits and (ii) has an SST provider card.

 

3.2. Such certificate includes the unique identifier from such provider’s SST provider card and a unique identifier assigned by such provider for such certificate.

 

SITE SAFETY TRAINING (SST) MONITOR. A person designated by apermit holder for a building site to perform the duties described in Section 3322.2.1.

 

SITE SAFETY TRAINING (SST) PROVIDER CARD. A card that satisfies each of the following conditions:

 

1.                     Such card is issued in a form and manner established by the department to a person who submits an application to the department demonstrating, in a form and manner established by the department, that such person satisfies each of the following conditions:

 

1.1. Such person satisfies the requirements of Item 1.1.1, 1.1.2, 1.1.3 or 1.1.4:

 

1.1.1. Such person has successfully completed all applicable OSHA requirements for conducting OSHA 10-hour classes and OSHA 30-hour classes and is authorized to conduct such classes.

 

1.1.2. Such person is providing training through an apprenticeship program that is registered with the New York state department of labor or the United States department of labor.

 

1.1.3. Such person has been approved by the department to conduct training courses for site safety managers pursuant to Article 402 of Chapter 1 of Title 28 of the Administrative Code or site safety coordinators pursuant to Article 403 of Chapter 1 of Title 28 of the Administrative Code.

 

1.1.4. Such person satisfies alternative requirements that the department establishes by rule after receiving and reviewing recommendations from the SST task force.

 

1.2. If such application is submitted before July 1, 2018, such person satisfies each of the following requirements:

 

1.2.1. Such person has a language access plan for training related to SST credits and such plan complies with requirements established by the department.

 

1.2.2. Such person demonstrates sufficient knowledge of this chapter in a form and manner established by the department.

 

1.3. If such application is submitted on or after July 1, 2018, such person satisfies each of the following requirements.

 

1.3.1. Such person has a language access plan for training related to SST credits and such plan complies with rules the department establishes after receiving and reviewing recommendations from the SST task force.

 

1.3.2. Such person demonstrates sufficient knowledge of this chapter in a form and manner that the department establishes by rule after receiving and reviewing recommendations from the SST task force.

 

2.                     Such card includes a unique identifier issued by the department.

 

3.                     Such card expires four years after issuance and is renewable.

 

SITE SAFETY TRAINING (SST) SUPERVISOR CARD. A card that satisfies each of the following conditions:

 

1.                     Such card is issued in a form and manner established by the department to a person who submits an application to the department demonstrating, in a form and manner established by the department, that such person satisfies each of the following conditions:

 

1.1. Such person has an SST card.

 

1.2. If such person is applying for a new SST supervisor card, such person satisfies each of the following conditions:

 

1.2.1. Such person has, within the four years preceding the date such application is filed with the department, successfully completed an in-person OSHA 30-hour class.

 

1.2.2. Such person has SST credit certificates showing that such person has, within the four years preceding the date such application is filed with the department, successfully completed at least four SST credits in first aid and cardiopulmonary resuscitation (CPR).

 

1.3. If such person has an SST supervisor card and is applying to renew such card, such person satisfies the requirements of Item 1.3.1 or Item 1.3.2:

 

1.3.1. Such person has, within the four years preceding the date that such application is filed with the department, successfully completed a refresher requirement that the department has established by rule after receiving and reviewing recommendations from the SST task force.

 

1.3.2. If the department has not by rule established a refresher requirement as described in Item 1.3.1, such person has SST credit certificates showing that such person has, within the four years preceding the date that such application is filed with the department, successfully completed, at a minimum, 32 SST credits in topics set forth in Item 1.1 of the definition of SST card.

 

2.                     Such card includes a unique identifier issued by the department.

 

3.                     Such card expires four years after issuance and is renewable.

 

SITE SAFETY TRAINING (SST) TASK FORCE. The task force established pursuant to Section 28-103.26 of the Administrative Code.

 

§ 8. Section 3310.10 of the New York city building code is amended to read as follows:

3310.10 Orientation and training. All workers employed at a major building site shall receive orientation and training as required by this section and section 3322.

 

§ 9. Section 3310.10.2 of the New York city building code is REPEALED.

§ 10. Chapter 33 of the New York city building code is amended by adding a new section 3322 to read as follows:

SECTION BC 3322

CONSTRUCTION SITE SAFETY TRAINING

 

3322.1 SST card and SST supervisor card required. In addition to any other applicable city, state or federal law or rule, on and after July 1, 2018:

 

1.                      Each worker employed by a permit holder at a building site shall have an SST card.

 

2.                     Each worker employed by a permit holder as a competent person or an SST monitor at such site shall have an SST supervisor card.

 

3.                     For each permit holder at such site, at least one worker employed by such permit holder at such site shall have an SST supervisor card.

 

Exception: This section does not apply to a building site for which a construction superintendent, site safety manager or site safety coordinator is not required.

 

3322.2 SST monitor required. On and after January 1, 2018, each permit holder for a building site shall designate one or more SST monitors for such site.

 

Exception: This section does not apply to a building site for which a construction superintendent, site safety manager or site safety coordinator is not required.

 

3322.2.1 Duties of SST monitor. Where required by Section 3322.2, an SST monitor designated by a permit holder for a building site shall be present at such site whenever work is being conducted by such permit holder at such site. Such monitor shall be responsible for the following:

 

1.                     Ensuring that each worker employed at such site by such permit holder complies with the requirements of Section 3322.1.

 

2.                     Maintaining at such site a daily log, in a form and manner established by the department, that identifies each worker employed at such site by such permit holder and that includes, for each such worker, a copy of the SST card or SST supervisor card, as applicable.

 

3.                     Providing such log to the department upon request by the department.

 

3322.2.2 Limitation. A person serving as an SST monitor for a building site shall not at the same time serve as a site safety manager, site safety coordinator or construction superintendent for such site.

 

                     § 11. This local law takes effect immediately.

 

LS 8424

7/13/2017 4:20 PM