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
| May 17, 2012
New Zealand stadium roof collapse blamed on snow, construction defects
Heavy snowfall, construction defects, and design problems contributed to the collapse of the Stadium Southland roof in New Zealand in September 2010, a report has found.
| May 17, 2012
OSHA launches fall prevention campaign
The Occupational Safety and Health Administration (OSHA) recently launched an educational campaign to prevent deadly falls in the construction industry.
| May 15, 2012
Suffolk selected for Rosenwald Elementary modernization project
The 314-student station elementary school will undergo extensive modernization.
| May 10, 2012
Chapter 6 Energy Codes + Reconstructed Buildings: 2012 and Beyond
Our experts analyze the next generation of energy and green building codes and how they impact reconstruction.
| May 10, 2012
Resilience should be considered a sustainability factor
Since a sustainable building is one you don't have to rebuild, some building sustainability experts believe adding points for "resilience" to storms and earthquakes to the LEED sustainability rating tool makes sense.
| May 10, 2012
University of Michigan research project pushes envelope on green design
A research project underway at the University of Michigan will test the potential of intelligent building envelopes that are capable of monitoring weather, daylight, and occupant use to manage heating, cooling, and lighting.
| May 10, 2012
Fire suppression agents go greener
Environmental sensitivity is helping to drive adoption of new fire suppression agents.
| May 10, 2012
Industry groups urge Congress to leave contracting decisions to agencies
An organization of several industry groups urged Congress to leave many contracting decisions to the discretion of individual agencies by avoiding blanket mandates.
| May 10, 2012
OSHA proposes new rule to have employers find and fix hazards
The Occupational Safety and Health Administration has proposed a new regulation, Injury and Illness Prevention Program, or I2P2, which would compel employers to find and fix safety hazards.
