A New York City Council proposal that would mandate a sliding-scale system be used when awarding civil damages for construction-related injuries or fatalities has drawn fire from two prominent unions.
The measure would limit city penalties to $500,000 for companies and $150,000 for individuals when safety violations result in serious injury or death. The Building Trades Employers' Association and the General Contractors Association slammed the proposal, saying that ability to pay should not be a consideration when upholding safety regulations and determining damages.
In civil cases related to construction injuries and deaths, judges would have to consider the degree of injury, the defendant's violation history, the extent of willfulness or negligence, and the defendant's ability to pay before making a monetary award. The bill seems designed to prevent companies from being penalized so heavily that they have to go out of business.
One union representative said that the bill sends a message that workers’ lives at larger, more established companies are more valuable than workers’ lives at smaller, less established firms.
Related Stories
Codes and Standards | May 27, 2015
Construction industry concerns with ‘Waters of the U.S.’ rule remain
EPA and Corps of Engineers rule may lead to a longer, more expensive permitting process
Codes and Standards | May 22, 2015
Rapid growth for environmental insurance in construction industry
The U.S. Environmental Protection Agency is paying closer attention to intrusion of potentially harmful vapors into commercial and residential buildings.
Codes and Standards | May 22, 2015
Roof collapse at Minnesota water park highlights failure to enforce codes
Rural areas say they can’t afford to enforce state-adopted building code.
Codes and Standards | May 22, 2015
U.S. House scuttles EPA plan to expand definition of waters in Clean Water Act
Construction industry officials said the rule would hamper developers, cost jobs.
Codes and Standards | May 22, 2015
First EPD covering PVC water and wastewater piping published
Benchmarks impacts of seven PVC pipe products across their life cycles.
Office Buildings | May 18, 2015
New ASHRAE standard offers test method to determine heat gain of office equipment
The standard will aid engineers in configuring cooling systems in office buildings.
Codes and Standards | May 7, 2015
Widespread damage from Nepal earthquake due to poor implementation of building code
Nepal’s code author says destruction was ‘inevitable.’
Codes and Standards | May 7, 2015
Lavish residential skyscrapers prompt concern over shadows
New York, San Francisco, Washington, D.C., and Boston among cities grappling with height regulations.
Codes and Standards | May 7, 2015
Several states moving to repeal prevailing wage laws
Anti-prevailing wage bills that apply to state-funded construction projects have been passed in West Virginia and Nevada. Similar laws could be passed in Indiana and Illinois.
Codes and Standards | May 7, 2015
New OSHA rule aimed at protecting construction workers in confined spaces
The agency says the rule will protect about 800 workers a year from serious injury.
