NY Governor Kathy Hochul has turned up the heat onconstruction companies that are found criminally liable
for worker injuries and deaths. On December 23, 2022, she signed bill S621B/A4947B, named “Carlos’ Law” for
22-year-old Carlos Moncayo who was killed at a construction site after a trench collapse accident on April
6, 2015.
According to the New York Times, a state inspector had been to the jobsite earlier that day and warned the
company, Harco Construction, that they needed shoring in a trench where Moncayo was working that
ultimately was not installed. After an investigation, the Occupational Safety and Health Administration
(OSHA) fined the company $10,000 for negligence. Harco also was convicted of second-degree
manslaughter, criminally negligent homicide, and reckless endangerment.
The new law, which takes effect immediately, significantly hikes penalties for corporations convicted of
a felony from a minimum of $5,000 and maximum of $10,000 to $500,000 and $1 million respectively.
A fine of not less than $300,000 nor more than $500,000 may be levied when a corporation is
convicted of a misdemeanor. "Construction workers are the engine that keep our economy moving,
and they deserve strong protections under the law,” Hochul said in a statement.

DON’T FORGET!!
At the end of each calendar year, Form 300-A must be completed and certified by a company
executive as correct and complete then posted in the workplace where notices to workers are
usually posted. It must be posted for three months, from February 1 until April 30.

OSHA Fines Increase for 2023
A new year means higher civil penalties from the Occupational Safety and Health Administration (OSHA). As
required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act, which was passed by
Congress in 2015, each year fines must increase to keep pace with cost-of-living
adjustments.
Under the Act, agencies are required to publish "catch-up" rules that adjust the
level of civil monetary penalties and make subsequent annual adjustments. For
this year, OSHA's maximum penalties for serious and other-than-serious
violations will increase from $14,502 per violation to $15,625 per violation. The
maximum penalty for willful or repeated violations will increase from $145,027
per violation to $156,259 per violation. The new fine structure was effective January 17, 2023.

Make Powered Industrial Truck Safety a Priority Powered industrial trucks (PITs), commonly called “forklifts”, play a
key role at thousands of warehouses, factories, and construction sites across the country. An estimated 1.5 million PIT
operators currently operate in the United States. Transporting every conceivable commodity for use, shipping, or storage, would be
difficult or impossible without them. Although PITs are vital to day-to -business operations, using these vehicles is not without risks.
OSHA records indicate that, on average, 85-87 PIT-related deaths and 34,000 injuries occur every year. For OSHA’s fiscal year
ending September 30, 2021, PIT citations ranked ninth on the agency’s Top Ten list, totaling 1,404, but for fiscal year ending
September 30, 2022, it ranked seventh with 1,749 citations issued, a sizeable increase.

Their use in proximity to workers on foot is unavoidable so employers are obligated by OSHA regulations to
prevent accidents that may injure bystanders as well as PIT operators. The Centers for Disease Control and
Prevention (CDC) reports that the most common are rollovers, also known as overturns. What are the usual
reasons that forklifts become unstable, resulting in loss of control?

  • Traversing uneven or broken surfaces
  • Driving with elevated loads
  • Making sudden or abrupt mast movements
  • Carrying unbalanced or overweight loads

Turning too quickly or sharply on an incline Occupational safety experts believe that accidents occur because some companies permit untrained and
unlicensed employees to operate this potentially dangerous equipment. OSHA requires both training and
certification which must include classroom instruction, practical training, and a final skills evaluation test. In
addition, certifications must be renewed every three (3) years.
A PIT’s readiness for daily work activities and the work environment itself are also regulated by OSHA, which
mandates that the following tasks be performed:

  • Inspections– These must be completed at least daily using checklists that PIT manufacturers typically
    provide to their customers. If a component malfunctions, is inoperable, or is defective, the PIT must be
    taken out of service until repaired.
  • Physical Environment Evaluation– The layout and design of the work area where PITs operate may
    contribute to causing an accident. Blind corners, obstructions, and other unsafe features must be
    addressed before commencing PIT operations. Any planned modifications of the work environment
    must include a review of their potential for adversely affecting PIT movements and pedestrian safety.
    There is no denying that powered industrial trucks play a critical role in a multitude of industrial, construction,
    and warehousing applications but care must be taken to operate them safely. Consistent and thorough
    monitoring of their physical condition, along with complying with OSHA’s training and certification requirements
    for the personnel who operate them, will help reduce the number of accidents that may cause injuries or
    fatalities.

On January 31 2023 the New York City Department of Buildings (DOB) extended

the February 1st deadline for new SST cards until Saturday, March 18th. DOB will
not take enforcement action when it finds that a worker doesn't have the updated
Training Connect SST card, provided the worker can demonstrate they have the
appropriate training through a DOB-approved provider.
During this 45-day window, DOB inspectors will focus on educating workers,
contractors, and safety professionals on the new requirement for the updated Training
Connect SST ID cards.
Enforcement actions will still be taken if the DOB finds a worker on an SST work site
that has not obtained the required training.
If you still have not applied for your updated card you must go to
www.safetycardtracker.com or call your training provider.

Please direct any questions or concerns to:
The Safety Division at Hamond Safety Management
Anthony Vacchio, [email protected] 516-762-4224