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 | Feb 22, 2015
Louisiana officials critical of stricter building standards in flood-prone areas
Buildings would have to be built either two or three feet above the base flood elevation for a 100-year flood or above the base elevation for a 500-year flood.
Codes and Standards | Feb 18, 2015
Buildings with rocking steel-braced frames are advantageous in earthquakes
Research at Case Western Reserve University has found that buildings that rock during an earthquake and return to plumb would withstand seismic shaking better than structural designs commonly used today in vulnerable zones of California and elsewhere.
Codes and Standards | Feb 18, 2015
USGBC concerned about developers using LEED registration in marketing
LEED administrators are concerned about a small group of developers or project owners who tout their projects as “LEED pre-certified” and then fail to follow through with certification.
Codes and Standards | Feb 12, 2015
ASHRAE, USGBC, IES consider biomass requirements in green building standard
The proposal would add biomass to approved renewables.
Codes and Standards | Feb 12, 2015
New Appraisal Institute form aids in analysis of green commercial building features
The Institute’s Commercial Green and Energy Efficient Addendum offers a communication tool that lenders can use as part of the scope of work.
Codes and Standards | Feb 8, 2015
ASHRAE, IAQA approve consolidation
Under the consolidation, IAQA will become a part of the ASHRAE organization while maintaining its own brand and Board of Directors.
Codes and Standards | Feb 6, 2015
Obama executive order requires federal construction projects to consider flood damage caused by climate change
To meet the new standard, builders must build two feet above the currently projected elevation for 100-year floods for most projects.
HVAC | Feb 6, 2015
ASHRAE, REHVA publish guide to chilled beam systems
The guide provides tools and advice for designing, commissioning, and operating chilled-beam systems.
Codes and Standards | Feb 2, 2015
AGC working with EPA on website to help with environmental rule compliance
The goal is for the site to be improved to make it easier for construction contractors to learn how to comply with federal and state environmental guidelines.
| Feb 2, 2015
New York law requires informing firefighters of wood truss construction
New York enacted a law that could make firefighting a bit safer by mandating property owners inform government and first-responders when they build or rehabilitate a building using "truss-type" pre-engineered wood or timber.
