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 | Nov 4, 2019
ASHRAE releases new version of energy efficiency standard for buildings
Standard 90.1 includes revisions of envelope, lighting, HVAC provisions.
Codes and Standards | Nov 1, 2019
Resiliency of a community’s housing stock can be measured according to new benchmark
Metric can help municipalities prepare for disasters.
Codes and Standards | Oct 31, 2019
FEMA, ICC release updated guide on integrating I-Codes into floodplain management regulations
Provides advice on satisfying requirements for the National Flood Insurance Program.
Codes and Standards | Oct 30, 2019
ILFI releases new version of Living Building Challenge Framework for Affordable Housing
Document includes updated findings, case studies, new strategies for financing, designing, building affordable housing.
Codes and Standards | Oct 28, 2019
U.S. military demands landlords address health hazards in troop housing
Air Force threatens formal dispute process.
Codes and Standards | Oct 24, 2019
ASHRAE design contest winners demonstrate building resilience
Model building, a city hall, could operate without utility service for two weeks.
Codes and Standards | Oct 22, 2019
Efficient material design, low-carbon concrete are critical to cutting GHG emissions in construction
Enhancing building utilization and reusing materials also aid carbon reduction.
Codes and Standards | Oct 21, 2019
Historic properties not exempt from Americans With Disabilities Act
Some exceptions do apply.
Codes and Standards | Oct 18, 2019
St. Louis could save $61 million per year in energy costs by improved building performance
GHG gases can be reduced by at least 11% with upgrades to public buildings and large private buildings.
Codes and Standards | Oct 17, 2019
Slow payments cost GCs and subs $64 billion annually
Study finds 51-day average payment turnaround.
