Local Law 196 (LL 196) requires more training for construction workers and supervisors on job sites in New York City. The NYC Department of Buildings (DOB) aims to promote safer job sites, and is pushing contractors in the city to quickly get their employees OSHA approved training hours.
The DOB has communicated numerous dates, deadlines, and requirements involved with the rollout of Local Law 196. Some of these dates and requirements have changed, and the NYC DOB’s most recent press release (November 2018) outlines most of the major changes.
This article outlines the requirements of Local Law 196 and identifies 5 key things you should be aware of as LL196 rolls out into 2019 and beyond.
What is Local Law 196?
Local Law 196 is a law in NYC that promotes safer job sites and enhanced safety training in the construction industry. The DOB reported 10 fall related fatalities in 2017, which was an all-time high in the city of New York. In response to these accidents, the NYC DOB put a plan in place to reduce job site fatalities – known as Local Law 196 or LL 196 of 2017.
Local Law 196 Requirements
Local Law 196 has many requirements, some are deadlines that have already passed and some are deadlines or requirements that are quickly approaching. The two major requirements of LL 196 are:
- Workers at certain job sites receive at least 40 hours of safety training
- Supervisors at certain job sites receive at least 62 hours of safety training
Typically we see construction industry asking the Who, What, When, Where and Why about LL 196:
“Who needs training?”
“What type of training is needed?”
“When do they need training?”
“Where can you complete training?”
“Why should we do this?”
These are all valid questions that a lot of contractors are looking for answers to.
The easiest and most trusted deadlines will be located directly from the NYC DOB, if they’ve communicated anything it will be directly on their site or on the LL 196 PDF that outlines this local law. However, since Local Law 196 first surfaced in 2017 there have been some vital changes to deadlines/requirements.
We have outlined the 5 key things you need to know about Local Law 196:
1. Not every worker needs training
Yes, you read that correctly. Not every worker is required to have safety training. This has been a misconception for some workers and for select contractors. If you read closely in the DOB’s requirements, you will see they have identified who needs and doesn’t need training.
Who needs it?
- Workers at job sites that are required to designate a:
- Construction Superintendent
- Site Safety Coordinator
- Site Safety Manager
Who does not need it?
- Delivery persons
- Flag persons
- Professional Engineers
- Registered Architects
- Department-registrants (excluding safety professionals)
Workers at job sites that only involve minor alterations or workers on the construction of a new 1-, 2-, 3-family home are not required to be trained.
Note: If you fall into a category that doesn’t need training as a worker, but you serve as a Safety Manager or competent person you WILL need training. Employees working under a licensee’s direct supervision WILL need training.
2. Training is rolled out in 3 phases
The NYC DOB is rolling out LL 196 in 3 distinct phases and deadlines. Some of these dates have changed since the initial proposition, the DOB recognized that more time was needed for proper training to be organized effectively.
“In consultation with stakeholders in the construction industry, including the Site Safety Training Task Force, we are extending these deadlines to give city construction workers more time to get the training they need to stay safe on the job. Once the new June 2019 deadline kicks in, workers will be able to satisfy Local Law 196 requirements until late 2020 simply by completing an OSHA 30 training course,”
– Rick D. Chandler, Buildings Commissioner
Here’s your up-to-date list (as of March 2019):
Phase 1: 10 Hours of Training is Due
March 1st, 2018
- All workers must have received a minimum of 10 hours of certified training.
Note: This date has passed, and most workers completed their OSHA10 or OSHA30 courses to comply with this requirement.
Phase 2: 30 Hours of Training is Due
June 1st, 2019
- Limited Site Safety Training (SST) Cards are required for workers
- SST Supervisor Cards are required for supervisors
- Temporary SST Cards are required for new entrants to the industry
Phase 3: Site Safety Card is Due
September 1st, 2020
- All workers must obtain an SST Card to work in NYC.
3. Online training is accepted
A worker can complete online training, but it has to be actively proctored online training.
Actively proctored online training is:
- online training taken in a classroom with a proctorOR
- online training that requires an individual receiving the training:
- to attest they are the individual that received the training
- to attest that the training was done without assistance
- to have their participation monitored at random times to ensure the individual is present at all times
It is extremely important for contractors and individual workers to abide by these guidelines and rules. Be sure that you’re booking with an approved online trainer!
We’ve partnered with ClickSafety and offer 100% DOB approved safety training in our Training Marketplace.
4. There are big penalties for untrained workers
Site inspections are conducted at random, and the unannounced inspections can be very costly for permit holders on job sites.
There are two primary scenarios in which the DOB will be handed out civil penalties:
1) If the DOB discovers that workers at a construction site are untrained, the Department of Buildings will issue a violation with civil penalties.
- These penalties can be as high as $5,000 per untrained worker
2) If the DOB discovers that a permit holder has failed to maintain a log that demonstrates that all of the workers on site are trained.
- These penalties will cost $2,500 for each recorded violation
5. SST Cards do expire
Once a worker or supervisor has completed all of the necessary training, they obtain their SST cards. It is important to note that these cards are only good for 5 years!
How do you renew your card?
Within the one-year period prior to your card expiry, your must complete refresher training.
- To refresh or renew your SST card a workers will need to complete:
- 4-hour Fall Prevention training
- 4-hour Supported Scaffold User training
- Supervisors must complete:
- 8-hour Fall Prevention training
- 4-hour Support Scaffold training
- 2 Hours Tool Box Talks
- 2 Hours Pre-Task Safety Meetings
Information Sourced Directly from the NYC DOB: https://www1.nyc.gov/site/buildings/index.page