LOCAL LAW 196 OF THE CITY OF NEW YORK CONSTRUCTION SITE SAFETY TRAINING

Passed by the New York City Council and approved by Mayor de Blasio in 2017, Local Law 196 establishes mandatory construction site safety training requirements. The key provisions of the law are set forth below:

Site safety training will be required for all demolition and construction workers (“construction workers”) that work on construction projects for which a construction superintendent, site safety manager or site safety coordinator is required. See Schedule 1 for description of projects requiring construction superintendents, site safety managers or site safety coordinators.

At a minimum, construction workers will be required to receive between 40 to 55 hours of training. The Department of Buildings will be responsible for determining the content of training programs. Training requirements will be phased in with a full compliance date of September 1, 2020.

Site safety training is now a mandatory requirement. Applications for building and demolition permits “for which training is required” will require a certification that “all workers who will be working under such permit will have the requisite training throughout the duration of such permit.”

Site safety training requirements and phase-in schedule:

PHASE 1:

On or after March 1, 2018, and until December 1, 2018 (possibly June 1, 2019 subject to DOB discretion), successful completion of:

  • OSHA 10-hour class, or
  • OSHA 30-hour class, or
  • 100-hour training program
PHASE 2:

On or after December1, 2018 (possibly June 1, 2019 subject to DOB discretion), and until five (5) months from such date (no later than September 1, 2020 subject to DOB discretion), each worker shall have either:

  • an Site Safety Training (“SST”) card, or
  • a limited SST card, or
  • a temporary SST card.
PHASE 3:

On or after five (5) months from the latest date established for compliance with PHASE 2, but no later than September 1, 2020, each worker shall have either:

  • an SST card, or
  • a temporary SST card.

Definitions:

OSHA 10-hour class:

10 or more hour class in construction industry safety and health:

  • approved by OSHA and conducted in accordance with OSHA outreach training, or
  • an equivalent 10 or more hour class approved by DOB.
OSHA 30-hour class:

30 or more hour class in construction industry safety and health that is intended for supervisors:

  • approved by OSHA and conducted in accordance with OSHA outreach training, or
  • an equivalent 30 or more hour class approved by DOB
Limited Site Safety Training (“SST”) Card:

a card establishing satisfaction of each of the following requirements:

  • successful completion of an OSHA 10-hour class and 20 hours of additional SST credits required by DOB (including 8 SST credits relating to safeguards against dangers posed by falling workers or objects), or
  • successful completion of an OSHA 30-hour class, or
  • successful completion of a 100-hour training program
Temporary Site Safety Training (“SST”) Card:

a card establishing satisfaction of each of the following requirements:

  • successful completion of an OSHA 10-hour class and
  • the worker is a new entrant to the construction or demolition work force.
  • Temporary SST card is good for 6 months and is non-renewable
100-Hour Training Program:

a program that:

  • includes 100 hours or more of training in technical subjects relating to a construction trade, including an apprenticeship program registered with NYDOL
  • is approved by OSHA, USDOL, NYS Dept of Education or NYSDO, and
  • provides training the DOB determines is equivalent to or exceeds mandated safety training requirements

Site Safety Training Providers are persons who satisfy the requirements of both 1 and 2:

Satisfaction of one of the following
  • Successful completion of:
    • OSHA or DOB requirements to conduct OSHA 10-hour and 30-hour classes and is authorized to conduct such classes, and
    • if conducting SST credit training other than OSHA classes, a demonstrated sufficient knowledge of DOB requirements
  • Such person is providing training through a 100-hour training program
  • Such person is approved by DOB to conduct a 40-hour course approved by DOB, or
  • Such person satisfies alternative DOB requirements

On or after full compliance date (see Phase 3 above), such person certifies to DOB that they satisfy at least one of the following

  • Such person has a “language access plan” for training complying with DOB requirements
  • Such person satisfies each of the following:
    • Such person is able to provide instruction in a language students understand
    • If a student’s vocabulary is limited, such person will accommodate that limitation, and
    • Such person is fluent in the training language or will use translators or interpreters who have a background in occupational safety and health

On or after March 1, 2018

permit holders shall be responsible for the following:
  • Ensuring each construction worker complies with training requirements;
  • Certifying to DOB that site safety training requirements have been met
  • Maintaining a daily log as required by DOB identifying each worker including a copy of applicable SST card or proof of compliance, and
  • Providing the daily log to DOB upon request

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