Tragedies Force a Hard Look at Safety Requirements
By James C. Bifulco, CSP

NYC has more stringent construction safety rules aimed at protecting the public than anywhere else in the country. These rules are directly linked to lessons learned from tragic events that occurred throughout NYCÕs history and can be a guide for other major metropolitan areas. Since as early as 1911 with the Triangle Waistcoat tragedy to the most recent spree of scaffold accidents, public and industry outcry followed by the legislative response have shaped the way construction is performed in NYC.

In March of 1911 fire broke out on the upper floors of the Triangle Waistcoat Company resulting in the deaths of 146 of the 500 employees. Bystanders and those surviving witnessed horrific events as individuals leapt to their deaths from the ninth floor windows.

The requirements that resulted from this tragedy are the need for an elevator in readiness for fire department use, and standpipe and siamese connections available to bring water to upper floors. This included buildings under construction and renovation.

In May of 1979 falling masonry fatally injured a Barnard College student. Local Law 10 of 1980 compelled building owners to inspect and repair facades. Local Law 33 of 1991 and 11 of 1998 were modifications of the code aimed at improving the original law.

The NYC construction boom and several notable accidents of the 1980s lead to several major changes in rules governing construction safety.

1. April 1980: crane topples from a roof seriously injuring a pedestrian on 46th street
2. August 1981: 200-foot crane collapses on East 54th Street injuring five workers
3. July 1982: an 11-ton crane boom collapses on Madison Avenue; chunks of granite kills one pedestrian and at least 16 others are hurt
4. July 1982: a 300-foot crane collapses east of Carnegie Hall

On September 12, 1983 the NYC City Council approved Local Law 45 of 1983. This law required a Licensed Rigger to erect and dismantle tower cranes, allowed stop work orders to be issued if a sidewalk shed was not in place when necessary, and required a designated safety coordinator for all projects over 15 stories or 200 feet in height.

In May of 1985 a woman named Brigitte Gerney was trapped for six hours under a crane that collapsed. The accident brought traffic to a standstill and played out on all the local news channels. The crane was being operated by an unlicensed crane operator and without proper permits. This accident led to emergency inspections of over 50 sites and the closure of more than seven for safety deficiencies.

This incident led directly to:

1. "Rules Relating to the Filing of Site Safety Plans and Designation of a Site Safety Manager"
2. the incorporation of the "The Manual for Site Safety Programs" into the Building Code
3. the formation of the BEST Squad -- the Building DepartmentÕs Safety Enforcement unit for major construction

These rules formalized the license or certification requirements for Site Safety Manager and outlined their specific responsibilities on construction projects. Site Safety ManagersÕ certifications became subject to disciplinary action or revocation. The issuance of a permit for construction became dependent on the designation of a Site Safety Manager; a stop work order would be issued if the Site Safety Manager was not present. A set of specific inspection items and record keeping and notification criteria were established. The BEST Squad was established and mandated to perform two inspections per week per project to ensure compliance with the new rules. BEST Squad inspectors were given the authority to issue stop work orders for safety infractions.

In June of 1987 a flying construction beam killed a pedestrian in midtown. The gruesome nature of the accident prompted Local Law 61 of 1987 before the end of that year. Local Law 61 of 1987 addressed rules relating to storing material close to the perimeter of buildings under construction and rules establishing the requirement of the horizontal (black) and vertical (orange) netting you now see on buildings under construction. These rules are intended to keep material and debris from coming off the building and injuring the public.

A rash of suspended scaffold accidents in the late 1990s led to new rigging safety rules requiring minimum training requirements for users of suspended scaffolds and the issuance of a certificate of fitness issued by the licensed rigger and the qualified rigging foreman.

Recent supported scaffold accidents have led to a bill currently being evaluated by the City Council. Int. 237 proposes training and certification requirements similar to those implemented for suspended scaffolds. The bill currently has wide support by the construction industry, scaffold industry and legislators. Some version of the bill is almost certain to pass.

Other legislative and rule making changes being discussed among industry leaders are lowering the trigger height for requiring a Site Safety Manager to be present and minimum training standards for construction companies as a requisite to obtaining a permit.

The trend to learn from tragic occurrences will undoubtedly continue. Although not perfect, the process appears to work. There is a mechanism in place to change industry practices so that future accidents do not occur. The process involves taking viewpoints of various industry representatives and formulating a standard for implementation. My personal observations are that construction safety in NYC is much safer than it was 10 years ago and the trend will continue.

Story ©2003 New York Real Estate Journal.