Local Law 196: The Challenges and Solutions

Local Law 196 was first introduced in 2017 in an effort to reduce construction-related injuries and deaths in the City of New York. This article explores the status of Local Law 196 as of today (2023) and talks about the implications of non-compliant construction practices. Although the law itself has good intentions, not every stakeholder in the industry has the same good intentions. The Training Connect Platform has equipped the New York City Department of Buildings with a tool to detect fraudulent training providers. Tens of thousands of previously valid SST cards are being revoked and criminal charges are being laid against fraudulent training providers. This leaves a giant gap in General Contractor, Subcontractor and Owner risk mitigation in regard to daily SST validation and the associated non-compliance fines.

How are construction firms navigating these challenges? What can firms do to ensure compliance? And is there technology to alleviate the risks of untrained workers on the job? We discuss this and more below.

Table of Contents – Click Links to Jump to Each Section: 

What is Local Law 196? 
What are the implications of LL 196? 
What training do you need to get a Site Safety Training Card? 
The Challenge of Fraudulent or Revoked SST Cards
Why myComply is the #1 Solution for LL 196 Compliance.

What is Local Law 196 (aka LL 196)?

New York City’s 2017 legislation of Local Law 196 requires construction workers and supervisors to receive necessary safety training on major projects in the five boroughs. The law was created in response to the increasing number of injuries and fatalities that have occurred on construction sites in New York City.

Under Local Law 196, workers at construction sites are required to complete a certain number of hours of safety training, depending on their job and responsibilities. Learn more about specific training requirements here.

The training must be provided by a New York City Department of Buildings approved training provider and covers a range of safety topics, including:

• general safety and health
• fall prevention
• hazard communication

Workers must also complete an additional 8 hours of specialized training, such as training in scaffolding or concrete safety, if their work involves these tasks.

Additionally, permit holders must keep a LL196 Daily Log (Requirements for daily log) ensuring that all workers have a valid card, daily.
The law has been phased in gradually, with different deadlines for different types of workers. As of March 2023, all workers on construction sites in New York City must have completed the required safety training and hold a valid Training Connect SST card.

Employers who fail to comply with Local Law 196 will face fines and penalties. As of the introduction of this law there have been over $9,800,000 in fines and since the NYC DOB’s hard enforcement date of March 2023, there has been over $313,000 in fines handed out. With the revocation of fradulent SST cards, these numbers are only rising.

The implementation of Local Law 196 represents a significant stride towards enhancing safety and mitigating accidents and injuries on construction sites by employing a highly skilled and safety-conscious workforce. However, the rigorous demands of this law have resulted in general contractors seeking additional resources to comply effectively and without risk.

What are the implications of LL196?

The implications of Local Law 196 are significant for both workers and employers in the construction industry in New York City. Here are a few key implications:

• Increased safety for workers: The primary goal of Local Law 196 is to improve safety on construction sites and reduce the number of injuries and fatalities that occur in the construction industry. By requiring workers to complete additional safety training, the law aims to increase workers’ knowledge and awareness of potential hazards and help them take steps to prevent accidents and injuries.
• Cost and time implications for employers: Permit Holders are responsible for ensuring that the workers on their site have completed the required safety training under Local Law 196. Given that this needs to be completed for hundreds of workers a day, this is time-consuming and costly.
• Penalties for non-compliance: Employers who fail to comply with Local Law 196 may face fines and penalties per untrained worker. These can be significant, ranging from $2,500 for failure to maintain a log demonstrating a properly trained workforce, to $5,000 per untrained worker to each of the owner of the site, the permit holder, and the employer of the untrained worker.
• Revocation of fraudulent cards: Training Connect (LL196) was established in response (in part) to the widespread issue of fraudulent training being offered to workers in exchange for money throughout the city. To date, Training Connect and the Department of Buildings has successfully uncovered over 10,000 potential instances of cash for card training. It is important to note that if any fraudulent SST cards are discovered on your project, you may be held liable for one or more of the aforementioned fines.
• Implications for the construction industry as a whole: Local Law 196 is part of a broader trend towards increased regulation and oversight in the construction industry. As concerns about worker safety and the quality of construction projects continue to grow, it is likely that we will see further legislation and regulations in this area in the coming years.

While Local Law 196 is an important step in improving safety on construction sites, it can also be a challenge for contractors and owners to comply with the law’s requirements. The process of verifying that workers and supervisors have completed the necessary training can be time-consuming and difficult to manage, especially for large construction projects.

What training do you need to get an SST Card?

The best way to reduce insurance premiums associated with workers’ compensation insurance is for contractors to reduce their Experience Modification Rating. Simply put, the best way to lower EMR is to create a safer work environment.

Full SST Card – 40 Hours of Safety Training

As a worker, you must have at least one of the following options to obtain this SST card:

1. OSHA 10-Hour Course + 30 Hours of Additional Training

• OSHA 10-Hour Course
• 8-Hour Fall Prevention Training
• 8-Hour Chapter 33 Site Safety Manager Training
• 4-Hour Supported Scaffold Training
• 2-Hour Drug and Alcohol Awareness
• 4-Hours of general safety training electives (listed below)
• 4-Hours of specialized safety training electives (listed below)

2. OSHA 30-Hour Course + 10 Hours of Additional Training

• OSHA 30-Hour Course
• 8-Hour Fall Prevention Training
• 2-Hour Drug and Alcohol Awareness

3. 100-Hour Training Program, has to be approved by the DOB

• Has to at least meet the course training work identified in option 1 or 2.
• In many cases, this is received as part of a Union Apprenticeship Program

Supervisor SST Card – 62 Hours of Safety Training

As a supervisor, you must have all of the following training to obtain this SST card:

• OSHA 30-Hour Course
• 8-Hour Fall Prevention Training
• 8-Hour Chapter 33 Site Safety Manager Training
• 4-Hour Supported Scaffold Training
• 2-Hour Drug and Alcohol Awareness
• 2-Hour Site Safety Plan
• 2-Hour Tool Box Talks
• 2-Hour Pre-task Safety Meetings
• 2-Hours of general safety training electives (listed below)
• 2-Hours of specialized safety training electives (listed below)

General Electives

• 1-Hour First Aid & CPR
• 1-Hour Hoisting and Rigging
• 1-Hour Stairways and Ladders
• 1-Hour Tools (Hand and Power)
• 1-Hour Repetitive Motion Injuries
• 1-Hour Protection from Sun Exposure
• 1-Hour Handling Heavy Materials and Proper Lifting Techniques
• 1-Hour Fire Protection and Prevention
• 1-Hour Electrocution Prevention
• 1-Hour Health and Safety Programs in Construction
• 1-Hour Materials Handling, Storage, Use, and Disposal

Specialized Electives

• 1-Hour Demolition Safety
• 1-Hour Asbestos/Lead Awareness
• 1-Hour Concrete and Masonry Construction
• 1-Hour Flag Person
• 1-Hour Risk Assessment and Accident Investigation
• 1-Hour Suspended Scaffold
• 1-Hour Confined Space Entry
• 1-Hour Cranes, Derricks, Hoists, and Conveyors
• 1-Hour Ergonomics
• 1-Hour Job Hazard Analysis
• 1-Hour Excavations
• 1-Hour Manlifts/Aerial Lifts/Scissor Lifts
• 1-Hour Motor Vehicles
• 1-Hour Welding and Cutting
• 1-Hour Steel Erection
• 2.5-Hour Foundations of Safety Leadership

The Challenge of Fraudulent or Revoked SST Cards

Recently, the DOB has started to crack down on fraudulent SST cards being issued to workers without taking the proper training. This is an extremely serious matter, with at least one training provider facing criminal charges. Read more about the penalties for this training provider here.

With evidence of at least one training provider issuing fraudulent cards, it poses the question, how many other deceitful training providers are out there? The risk of counterfeit SST cards being given to workers without the proper training is a huge risk to the safety of workers on construction sites. Another threat to worker safety is revoked SST cards on a site. The DOB has the right to revoke any SST cards that do not comply with their training requirements, this includes training providers issuing SST cards unlawfully. This means that there could potentially be workers on your site with what appears to be a valid SST card, where the card could be fraudulent or revoked.

With these safety risks, it raises the question, how can this be mitigated and how can I ensure that only valid SST cards are being allowed on my construction site?

Unsure how to tell if a card is real or fake? Talk to Us

Why myComply is the #1 Solution for LL196 Compliance

myComply gives General Contractors, Asset Owners, Construction Managers, and Specialty Subcontractors the ability to eliminate liability through a collection of tools specifically developed for New York City and Local Law 196.

• Capture & Verify SST Validity – Workers upload SST ID and proof, then it is verified daily against the New York City Department of Buildings (NYC DOB) Training Connect database.

• Eliminate Risk of Fraudulent & Revoked Cards – myComply has a unique solution set that validates and verifies the SST ID and NFC chip daily to ensure only real, valid SST cards are on the workers’ person and that the workers’ training is up to date.

• Use Training Connect SST Cards as Access Control Cards/Badging – No need to purchase extra badges as you can have all workers using their SST Cards as approved project badges. This eliminates extra badge costs and ensures only workers who possess the required training gain access to your site.

• Auto-populate Local Law 196 Daily Training Logs – As a part of Local Law 196, the NYC DOB is mandating Daily Training Logs to enforce compliance on job sites. myComply’s software will automatically create these reports daily, displaying proof of issue, expiry, and ID data to meet these requirements.

• Prevent Regulatory Fines – Avoid unnecessary fines and stop work orders by using myComply while ensuring safer worksites at the same time.

• Worker Orientation Confirmation & Records – myComply provides General Contractors the ability to issue custom site-specific orientations and capture records that prove the orientation has been completed (with profile pictures and signatories – proving the worker was trained and what content they agreed they acknowledge and understand).

Local Law 196 is a critical piece of legislation that aims to improve safety on construction sites in New York City by requiring construction workers to complete additional safety training. The law has significant implications for both workers and employers in the construction industry, including increased safety for workers, cost and time implications for employers, and penalties for non-compliance. As the construction industry faces increased regulation and oversight, it is essential for employers to comply with Local Law 196 to avoid financial penalties and reputational damage.

With this new law comes many challenges for workers to adhere to. This has created an environment for crafty individuals to devise fraudulent and non-compliant efforts to persuade workers into purchasing fake SST cards or real SST cards without the proper training records (supplied by the training course provider). Furthermore, adding additional layers of complexity for Site Safety Managers and Compliance Personnel in the New York City construction market to ensure LL196 compliance on their worksites.

myComply is a valuable solution for LL196 compliance, providing a collection of tools that can help companies capture and verify SST validity, eliminate the risk of fraudulent cards, use training connect SST cards as access control cards, auto-populate LL196 daily training logs, and record custom worker orientation reports. By using myComply, Asset Owners, Developers, and Construction Managers/General Contractors can ensure compliance with Local Law 196 and improve safety on their construction sites from ground break to completion.