New York Real Estate Journal Professional Profile - Peter Simon

Owners, Developers & Managers

nyrej.com

August 7 - 20, 2018

Professional Services Peter Simon

Total Safety Consulting

George Crawford Green Partners

Peter Sun AKF

Nadine Cino

TygaTrax and TygaBox

Interested in being part of next month’s Ask the Experts Spotlight?

Contact Jeff Wallace at 800-654-4993 or jwallace@nyrej.com

7B

Owners, Developers & Managers

8B August 7 - 20, 2018

New York Real Estate Journal

Professional Services

New York City’s Local Law 196: New safety training requirements – causing confusion?

Peter Simon Total Safety Consulting

In 2017, Local Law 196 (LL 196) was signed into law as part of the Construction Safety Act. LL 196 was heralded by the press, political groups and many stakeholders as an advancement in worker safety and amongst the most progressive municipal worker safety training laws in the U.S. The legislative intent of LL 196 was to reduce the thousands of NYC construction-related injuries and significant number of fatalities; according to the NYC Department of Buildings (DOB) recordkeeping, there were 36 fatalities between

2015 and 2017. There are numerous scientific studies that support the conclusion that increased safety training contributes to a reduction in accidents and fatal workplace injuries. Despite the well-intended spirit of LL 196, concerns and confusion have been ongoing as it relates to language in the law, proposed application of the law and which groups are exempt from receiving safety training under LL 196.

What is a worker? One of the most common questions being asked by stakeholders: what is a worker under LL 196? Unfortunately, LL 196 does not define the term “worker” in the text or plain language of the law (despite using the term “worker” over 45 times throughout the law). The lack of definition in the law has created a degree

of uncertainty for many individuals because Federal OSHA and the New York State Department of Labor take a broad view of what constitutes a “worker” or “employee.” The Federal and NY State Departments of Labor tend to use the terms “employee” and “worker” interchangeably and as synonyms. Essentially, a worker is an employee that performs work for an employer.

In response to the lack of a defined term for “worker” in LL 196, the NYC DOB has released a series of DOB notices that give “examples” of types of individuals that DOB considers workers for the purposes of LL 196 training and those that would be exempt because they are not workers.

Many workers have commented

that they do not fit into either list of examples and are confused as to whether they need LL 196 training.

For example, consultants that do perform limited installation of materials or delivery persons that perform very specific site installation activities.

Because of the potential for ambiguity and the cost-prohibitive nature of LL 196 violations (to the owner, permit holder and employer for a single worker), some stakeholders are having all their site workers take the training to reduce risk.

10-hour OSHA Requirement for “Major Buildings” Repealed Prior to LL 196, section 3310.10.2 of the NYC Building Code required that all workers on major building sites had completed a 10-hour OSHA safety training course within the last 5

calendar years. The 10-hour OSHA training requirement was broadly enforced by DOB and all individuals on a major building site understood and were expected to have a current 10-hour OSHA card on their person if they were performing any work on the site; the standard and enforcement was clear. The 10-hour OSHA safety training requirement included groups like surveyors, special inspectors, security guards, construction managers, consultants and essentially all workers that could be exposed to safety hazards while on a construction site.

The passage of LL 196 repealed the standalone 10-hour OSHA requirement for workers under 3310.10.2 and caused a DOB paradigm shift on what it means to be a worker.

Suddenly, under the LL 196 scheme, there are groups of workers on major buildings exempt from all minimum baseline safety training (including the 10-hour OSHA).This effect of LL 196 can be viewed as regressive, as at-risk individuals that are regularly involved in fatal incidents on construction sites have gone from a minimum 10-hour OSHA baseline safety training on major buildings, to being exempt from all baseline safety training (including 10-hour OSHA) on all construction sites in the five boroughs. A common concern is that the groups currently exempted from LL 196 safety training are the groups most in need of training, often due to their lack of experience and/or familiarity with onsite construction hazards.

Potential for Confusion in an Enforcement & Legal Setting?

Without a clear definition of the term “worker” in LL 196, there is potential for confusion, varied interpretation at the point of enforcement and during legal processes in the court system. If LL 196 training is not provided to an employee, it is foreseeable that a plaintiff’s lawyer will argue that the injured employee should have received LL 196 training and the failure to provide the required training resulted in the employee/worker’s construction site injuries. This situation is potentially messy for the permit holder, owner and employer as there is no clear definition or exemption in LL 196 for many workers. Relying on non-binding DOB fact sheets or press releases with expiration dates can create liability concerns in a court of law. DOB inspectors could be put in an uncomfortable position being forced to make judgment calls on whether training is required for a worker when no clear definition exists. A lack of clearly defined lines can lead to undesired inconsistency and subjectivity during enforcement, administrative and legal actions.

For full story visit nyrej.com

Peter Simon, JD, CSP, is risk manager & director of plans at Total Safety Consulting, Bayonne, N.J.

Owners, Developers & Managers

nyrej.com

August 7 - 20, 2018 15B

Professional Profiles Tarah Cicirelli

Marketing Managing Total Safety Consulting, LLC

Name: Tarah Cicirelli Title: Marketing Manager Company: Total Safety Consulting, LLC Location: Bayonne, NJ Birthplace: Nashville, TN Education: Bachelor of Science in Marketing from The University of Tampa First job outside of real estate: Marketing Manager for Paso Fino Horse Association First job in real estate or allied field: Business development director for International Fire Protection, Inc. for 10 district offices serving the southeastern USA. What do you do now and what are you planning for the future? I am the marketing manager for TSC, LLC. and its subsidiaries Safety Supplies Unlimited, TSC Southeast, serving the South Florida market and the TSC Training Academies located in the Bronx, Manhattan, Long Island City, NY and Bayonne, NJ. Continue to be the leading, largest privately held construction safety firm in the tri-state area. Grow market share within the industry by placing more construction safety professionals across active jobsites in the city. Increase attendance by offering diversified and comprehensive course options for laborers to receive the required construction safety training.

How do you unwind from a busy day? A long walk in the park with my dog and a vinyasa yoga flow session.

Favorite book or author: Paulo Coelho Favorite movie: “Moonrise Kingdom” by Wes Anderson Last song you purchased/downloaded? “And You and I” by YES One word to describe your work environment: Familial Rules to live by in business: “The power of networking is priceless.”

Robert Dorsky

Account Executive, Long Island Region Crystal Window & Door Systems Name: Robert Dorsky Title: Account Executive, Long Island Region Company: Crystal Window & Door Systems Location: 31-10 Whitestone Expressway, Flushing, NY Birth Place: Queens, NY Family: Amy Su (wife) Education: Nassau Community College First job outside of real estate: Waiter/bus boy at Pirandello’s Italian Restaurant First job in real estate or allied field: Crystal Window & Door Systems. Sales representative for national manufacturer of window and door products for the building and construction industry What do you do now and what are you planning for the future? I am an account executive for Crystal Windows, serving fenestration and building trade professionals on Long Island, NY, as well as select national accounts. I consult with architects, GCs, and property owners on their new construction and renovation projects to supply the right fenestration product for the application. I have always been in a sales-oriented job and plan to continue in sales into the future.

How do you unwind from a busy day? Basketball, weight lifting Favorite book or author: “Jaws” by Peter Benchley Favorite movie: Jaws Last song you purchased/downloaded: “Above & Beyond,” Northern Soul One word to describe your work environment: Rewarding Person you admire most: Thomas Chen, chairman and founder of Crystal Windows

Charles Danelutt, CTS-D Senior Associate Shen Milsom & Wilke LLC

Name: Charles Danelutt, CTS-D Title: Senior Associate Company: Shen Milsom & Wilke LLC Location: Princeton, NJ Birthplace: Camden NJ Education: BS, Electrical Electronic Engineering Technology First job outside of real estate: Engineering for an AV integrator in Philadelphia.

First job in real estate or allied field: AV design for commercial properties What do you do now and what are you planning for the future? I design AV for large scale commercial and higher education buildings.

How do you unwind from a busy day? I record music and play drums.

Favorite book or author: Pope Francis Favorite movie: Cool Hand Luke Last song you purchased/downloaded? Dave Matthews Band One word to describe your work environment: Comfortable Rules to live by in business: Honesty, integrity and discipline What is your dream job? Playing in a jazz band and touring the would.

Robert Petrie

Senior Architectural Designer SWBR

Name: Robert Petrie Title: Senior Architectural Designer Company: SWBR Location: Syracuse, NY Birthplace: Virgina Beach, VA Education: VA Tech, Bachelor Architecture; Cornell, Master of Architecture First job outside of real estate: Local family-owned hardware store First job in real estate or allied field: Hartman Cox Architects, Washington, D.C. What do you do now and what are you planning for the future? Presently I am a design leader at a diverse design firm that is always looking to innovate and improve the lives of those we serve. I would like to broaden our reach and mission beyond NY State by collaborating with national developers, investors and professionals.

How do you unwind from a busy day in real estate? I practice watercolor sketches.

Favorite book or author: Italo Calvino Favorite movie: Casablanca Last song you downloaded? “Am I Blue” by Hoagie Carmichael & Lauren Bacall One word to describe your work environment: Authentic Rules to live by in business: Listen, serve, respond, perform, profit If you could invite one person to dinner (living or dead) who would it be and where would you go? Norman Rockwell (American illustrator), Diner on Route 66 What is your dream job? Political cartoonist…if I were only more clever.