Volume 6 | Issue 6: Some ECB Judgments May Now Qualify For A Reduced Fine Amount
The City of New York is offering a temporary program called “FAIRER” (Fines and Interest Reduction Enabling Recovery) which is geared toward allowing you to pay a reduced amount for certain eligible Environmental Control Board judgments.
If you have unpaid OATH ECB judgments that are eligible for the FAIRER Program, you may be able to save up to 75% and have the penalties and interest associated with your judgments waived.
The program which runs through December 20, 2021 is administered by the Department of Finance (DOF) and allows respondents named on violations to resolve outstanding Environmental Control Board (ECB) judgments issued by various city agencies and adjudicated by the Office of Administrative Trials and Hearings (OATH).
The amount that you can save will depend upon when your violations went into judgment and whether the Respondent named on the violation attended a hearing held by the Office of Administrative Trials and Hearings.
Please feel free to contact Kevin Danielson, Esq. if you would like to engage RPO for consultation pertaining to this program or for any of your violation needs.
Volume 6 | Issue 5: Energy Benchmarking Compliance Deadline Extended!
The 2021 Benchmarking compliance deadline for the 2020 calendar year data reporting has been extended. Property owners who were required to submit their Calendar Year 2020 benchmarking information by May 1, 2021, now have until June 1, 2021 to submit a fully compliant report.
The Mayor’s Office of Long-Term Planning and Sustainability (OLTPS) has advised the Department of Buildings that compliance with Administrative Code §28-309.4 (Benchmarking Energy and Water Use) has been temporarily suspended until June 1, 2021 due to a technological deficiency. OLTPS has temporarily suspended this requirement pursuant to Administrative Code §28-309.6.
Owners who do not submit a fully compliant report by June 1, 2021, will be subject to violations for each quarter they have been non-compliant.
ENERGY EFFICIENCY RATING LABELS MUST BE POSTED!
Starting April 29, 2021, the Department will start issuing violations to owners of buildings over 25,000 square feet – or multiple buildings on a lot that total 100,000 square feet or more – that appear on the NYC Benchmarking Covered Buildings List who fail to post an Energy Efficiency Rating Label as required by Local Law 33 of 2018.
Per the rule, an owner who fails to post the label will be subject to a civil penalty of $1250. Covered buildings were required to post the label starting back in October 2020.
Inn At Glencairn Nominated!
Dear Friends,
As many of you are aware, my wife owns a B&B in Princeton, NJ called the Inn at Glencairn. Last year the Inn was nominated and eventually placed in the Top Ten for CN Travelers Mid-Atlantic region!
The Inn is again nominated this year and voting is now live. If you would like to help out a fabulous small enterprise (I am a little biased) please click on the link below and follow it to the CN Traveler site. Click on "Hotel and Resorts" and find the Inn at Glencairn in Princeton to vote. Consider it your good deed for the day to keep local businesses alive!
And, if you would like a much needed staycation in a clean, reputable Inn in Central NJ, follow the link and tell them I sent you. They might even throw in some free granola!
👉 2021 READER'S CHOICE AWARDS SURVEY 👈
Sincerely,
Michael Pressel
President
RPO Inc.
Volume 6 | Issue 4: Notices To Be Posted For Work Requiring Tenant Protection Plan
Per NYC Local Law 154 of 2017, it is mandatory to post a notice for all work requiring a tenant protection plan. Here is a link to the Department-Approved notice:
Click To View The TPP Occupants Notice
This notice must be distributed to each occupied dwelling unit;
And in the lobby;
And on each floor within ten feet of the elevator. If the building does not have an elevator, then posted within ten feet of, or in the main stairwell of each floor
Additionally, NYC HPD requires the following notice to be posted:
Click To View the Local Law 159 Notice
Failure to post these notices containing the required contact information may result in the imposition of penalties.
Finally, please be advised that it is required to notify DOB in writing at least 72 hours prior to beginning work that requires a tenant protection plan.
If you have any questions regarding the above stipulations, please contact the Project Manager assigned to your project.
Volume 6 | Issue 3: Extension Of Temporary Certificates Of Occupancy
Given current DOB Now problems, the D.O.B. will auto-renew existing Temporary Certificates of Occupancy that were applied for, even if the transition from the Building Information System (B.I.S.) to DOB Now has not been completed.
The D.O.B. has made it a requirement that all T.C.O./C.O. jobs be migrated from B.I.S. to DOB Now prior to issuing or re-issuing T.C.O.’s and C.O.’s. Due to reliability and compatibility problems for Certificate of Occupancy processing with the latest release of DOB Now, many T.C.O. renewals have begun to lapse.
The D.O.B. has recognized this problem and is issuing T.C.O. extension emails for jobs transitioning from B.I.S. to DOB Now. Once the Schedule of Occupancy request that was submitted in DOB Now is approved, a (Temporary) Certificate of Occupancy request must then be submitted and approved before the subsequent renewal is granted. D.O.B. renewal fees will be applied based on the expiration date of the T.C.O. prior to the extension.
Volume 6 | Issue 2: Permit Denials For Property Owners With $25,000 Or More Owed To The City Of New York
Please be advised that Local Law 160 of 2017 recently went into effect on March 1, 2021. This law mandates that DOB deny New Building, Demolition, Place of Assembly and Major Alteration permit applications if either of the following applies:
Properties with $25,000 or more in unpaid fines, civil penalties or judgments entered by a court or OATH.
Owner of the property owes, in aggregate, $25,000 or more in fines, civil penalties or judgments to the city.
Also, as part of this Local Law, the Department of Buildings will seek to revoke active permits for buildings whose owners owe more than $25,000 in the above-mentioned fines, civil penalties or judgments to the City. The Department will send a letter to the owner, permit holder, and applicant notifying them of the Department’s intent to revoke the permit, and give them an opportunity to respond. The letter will include instructions on how to respond and submit documentation.
If you have any questions or seek clarification on this new law, please do not hesitate to contact the Project Manager handling your project.
Volume 6 | Issue 1: Expansion of DOB NOW
Beginning on March 1, 2021, the DOB Now portal will be expanded to include filings for New Buildings and Major Alterations.
The nomenclature for Major Alterations affecting Certificates of Occupancy is now to be changed to Alteration-CO from its previous designation of Alt. 1. Filings affecting the Certificate of Occupancy will be premised on the last approved (not signed-off) application affecting the occupancy schedule. This is intended to make it easier to manage multiple C.O. jobs while maintaining only one Certificate of Occupancy for the building.
Additionally, initial Temporary Certificates of Occupancy, renewals and C.O.s will be managed through DOB Now effective March 1, including projects already under T.C.O. in the Building Information System (B.I.S.).
There are certain filings that will remain in the B.I.S. for now, including:
Filings in “D” status or later in B.I.S., by February 26, 2021,
Post Approval amendments for existing B.I.S. jobs,
New Buildings for Affordable Housing,
No Work Alt. 1’s (Alteration-CO),
Fee deferred projects,
Builder’s Pavement Plans,
Solar projects and green roofs,
Full Demolitions,
Tax lot sub-divisions.
To log into DOB NOW, all users need an active eFiling account specific to their license/registration type, if applicable.
As with all new software releases, we expect there to be some speed bumps, but the D.O.B. ought to be able to respond to glitches quickly given the years of DOB Now utility it already has.
Volume 5 | Issue 17: Expansion of DOB NOW
BEGINNING NEXT MONDAY, DECEMBER 28, THE DEPARTMENT OF BUILDINGS WILL BE TRANSITIONING ADDITIONAL WORK INTO THEIR DOB NOW PLATFORM.
Notably, General Construction filings (Alterations, NOT NEW BUILDINGS) will be required to be filed through DOB Now. Part and parcel to this requirement, Tenant Protection Plans and Site Safety Plans will also be filed through DOB Now. General Construction will now be categorized as either Construction, Chimney, Façade, or Enlargement work.
Foundation work, Earthwork, Support of Excavation and Protection & Mechanical Methods filings will also need to be filed through DOB Now beginning next Monday.
All filings in BIS will continue on that platform. RPO will honor proposals for work that we have already been retained for, even if we need to execute the work using the new platform.
The new platform has pros and cons, as would be expected. There are combinations and efficiencies that can happen, but the system often requires the inclusion of owners to execute administerial functions. Hopefully, some of these inefficiencies will be addressed; the DOB has indeed taken some industry feedback under consideration already, so we are hopeful for positive evolution. The one thing that can be counted on for certain is that there will continue to be constant change for the foreseeable future.
There is a Phase 2 planned for Early 2021 which will include New Buildings and filings that would result in an amended Certificate of Occupancy.
RPO will continue to provide updates for significant industry changes.
Volume 5 | Issue 16: New Tenant Protection Plan (TPP) Requirement
For projects requiring a Tenant Protection Plan – please be advised that Local Law No. 106 specifically mandates that the contractor is responsible for retaining a Registered Design Professional to prepare the TPP. There is no restriction that the Registered Design Professional be different than the Applicant of Record for the project. The Registered Design Professional can be the same or different than the Applicant of Record. Please also note, TPP’s are required prior to permit and applications will receive a required item that must be satisfied in BIS prior to receiving a permit.
RPO can prepare TPP’s and/or file TPP’s and properly satisfy all related requirements. Please call 212-566-5110 if you would like to engage RPO to assist with TPP’s.
Volume 5 | Issue 15: NYC Department Of Transportation Open Storefronts Program
New York City has established a citywide program for ground floor storefront businesses to use outdoor space. This program allows eligible businesses to conduct activity on city streets and roadways or a combination of both. Eligible businesses will be able to utilize public space for seating, queuing, or display of dry goods.
The Open Storefronts program will run from October 30th to December 31st, 2020.
There are many standards that must be met and RPO can assist you to meet them quickly and efficiently to get you back in business.
We will:
Confirm your business' eligibility for the program,
Consult with you about extent of permission that can be obtained at your location,
Develop and submit your application and submit the requisite affirmations,
Provide you with the industry guidelines you will be required to follow,
Provide you with the required posters.
We will also let you know about changes of requirements as they occur.
New York City will begin accepting applications starting on October 30th, 2020. Please contact Joseph Dodds at jdodds@rpoinc.com or by phone at 212-566-5110 x1137, if you would like to engage RPO to assist you or your tenant in obtaining permission for the Open Storefront program.
Volume 5 | Issue 14: 2020 Department Of Transportation Holiday Construction Embargo
PLEASE BE ADVISED THAT THE DEPARTMENT OF TRANSPORTATION HOLIDAY CONSTRUCTION EMBARGO WILL BE IN EFFECT EVERY DAY BEGINNING TUESDAY, NOVEMBER 24, 2020 THROUGH SUNDAY DECEMBER 27TH, 2020.
Roadway and sidewalk construction activities will be restricted during the embargo period on the streets within the embargo area, although some projects have already been granted waivers.
The deadline for submission of embargo waiver requests is Monday, November 9th, 2020. After that applications will only be accepted for special circumstances that would have prevented a timely application.
RPO will notify its clients with projects within the Embargo and process waiver requests on their behalf. Please let us know if you have any questions.
Volume 5 | Issue 13: DOB Civil Penalty Increase For Failure To Certify Correction Of Class 1 Hazardous Violations & Restaurant Re-Opening Requirements
DOB Civil Penalty Increase for Failure to Certify Correction of Class 1 Hazardous Violations
Recent legislation, passed on August 27, 2020, has changed the civil penalties for failure to certify correction of Class 1 Immediately hazardous OATH Violations issued by the Department of Buildings.
The civil penalty for failing to submit a Certificate of Correction of a Class 1 immediately hazardous violation on a one-family or two family home is $1,500.
The civil penalty for failing to submit a Certificate of Correction of a Class 1 immediately hazardous violation on all other buildings will now range from $3,000 to $5,000.
It is not known at this time what will dictate the imposition of specific fine amounts within this range, but this change in civil penalty amounts will go into effect on October 3, 2020. Please note that New York City Administrative Code 28-219.2 already mandates that a Certificate of Correction be filed and accepted by Department of Buildings within 60 days of the date of the violation.
Please feel free to contact Kevin Danielson, Esq. if you would like to engage RPO for consultation pertaining to this new legislation or for any of your violation needs.
Restaurant Re-Opening Requirements
Restaurants will be allowed to reopen for indoor dining beginning on September 30th.
They will be subject to rigorous inspection protocols and strict occupancy limits. Some requirements for restaurants will include:
Serve customers at a maximum of 25% capacity.
Conduct temperature checks at every front door for each patron and employee; persons with a temperature greater than 100 degrees Fahrenheit will not be admitted
Collect Test & Trace data from at least one customer at each table – restaurant is required to keep information on file for 28 days.
Close bar tops for seating and service. They may only be used by employees.
Offer COVID-19 protections like PPE for employees.
Space tables six feet apart or provide solid barriers of at least five feet in height.
If New York City hits 2% in COVID-19 positivity rates, the City will immediately reassess indoor service.
Call RPO if you would like to engage us to consult about restaurant or any other COVID-19 business commencement requirements.
Volume 5 | Issue 12: Requirement To Post Energy Efficiency Rating
RPO would like to remind clients that the Department of Buildings requires that buildings subject to NYC Benchmarking rules must post Building Energy Efficiency Rating Labels no later than October 30, 2020. The Building Energy Efficiency Rating Labels must be placed in a conspicuous location near each public entrance to the building.
Starting October 1, 2020, owners can access and print the label through a new Building Energy Efficiency Rating tab in the DOB NOW Public Portal that will look like this:
The printed label will include the energy efficiency score of the building and an energy efficiency rating of A through F. Failure to post the label by October 30, may result in a civil penalty of $1250.
Please contact our office you wish to engage us for any consulting or assistance with this requirement.
Volume 5 | Issue 11: Weekend Block Closures For Use By Food Service Establishments To Be Considered By City
The City is now accepting applications for weekend block closures in certain areas for block segments that contain food service establishments.
Applications must come from either a community-based organization or Restaurant Group (consisting of three or more restaurants on one block) represented by a business entity.
If accepted by the City, the coalition of food service establishments in the block would be granted permission to close that block (while providing access for emergency vehicles) through Labor Day, September 7, 2020 on
FRIDAYS (POTENTIALLY) 5 PM TO 11 PM
SATURDAY AND SUNDAY (POTENTIALLY) 12 PM NOON TO 11 PM
RPO Inc. can assist hospitality clients prepare the required plans, gather and assemble the required information, and submit the application that is required for consideration.
Please call 212-566-5110 if you would like to engage RPO to assist you in preparing an application to the City for weekend use of your block for food service establishments.
Volume 5 | Issue 10: Citywide Inspection Sweep For Compliance With Phase 1 Re-Start Requirement
While your construction site may have reopened several weeks ago, it is important to remain vigilant in complying with the many requirements mandated as part of this reopening process.
Starting Wednesday, July 8, 2020, DOB Inspectors will be conducting a citywide inspection sweep of every permitted site to verify compliance with State and City Phase 1 restart requirements. For a refresher on these requirements, click HERE
Sites that are found to be non-compliant will be issued a violation with accompanying civil penalties of up to $5,000 and the potential of a Stop Work Order being imposed.
Moving forward, subsequent to a first violation, continued non-compliance may result in additional violations and a fine of up to $10,000 per offense. Some examples of punishable infractions include failure to post safety plan in a conspicuous location on site, not installing adequate hand sanitizing stations or signage indicating reduced capacity by 50% of the Elevator or Hoist not posted on each landing.
The next couple of days provide a great opportunity to ensure that your sites are in full compliance so as to avoid incurring these high penalties.
As always, feel free to call RPO Inc. if you would like to engage us to consult you about satisfying the above requirements or if you have received a violation for alleged non-compliance.
Volume 5 | Issue 9: Restaurant Re-Opening - RPO Can Help!
New York City has established a citywide multi-phase program to re-open restaurant service to patrons. Phase II of the State’s re-opening plan will allow outdoor seating options for restaurants and bars to promote open space and maintain social distancing. NYC DOT has developed criteria and a permit process that will allow for outdoor dining and seating on city owned streets and sidewalks where standards can be met.
Beginning June 19th, permit applications will be accepted for re-opening restaurants on June 22, 2020, with outdoor seating.
There are many standards that must be met and RPO can assist you to meet them quickly and efficiently in order to get you back in business.
We will:
Consult with you about extent of permission that can be obtained for outdoor seating at your location,
Develop and submit your safety plan and submit the requisite affirmations,
Provide you with the industry guidelines you will be required to follow,
Provide you with the logs you will be required to maintain,
Provide you with the required posters.
We will also let you know about changes of requirements as they occur.
New York City will begin accepting applications for outdoor dining starting on June 19, 2020. Please contact Joseph Dodds at jdodds@rpoinc.com or by phone at 212-566-5110 x1137, if you would like to engage RPO to assist you or your tenant obtain permission to re-open a restaurant.
Volume 5 | Issue 8: Guidance For Phase 1 Re-Opening Of Non-Essential Construction In NYC From RPO Inc.
While the anticipated Phase I commencement of non-essential work in NYC has been set for next Monday, it is permissible to immediately begin with staging activities for projects prior to commencement of actual Phase I commercial activities.
These activities may be comprised of an in-person workforce on-site to:
Clean, sanitize, and/or disinfect common and work areas;
Test run hoists, elevators, cranes, and other equipment;
Establish new and multiple entrances/exists to control the movement of personnel and allow for health screening, including temperature taking;
Install hand hygiene/wash stations or retrofit existing ones with touch-less faucets and dispensers;
Install health screening stations or devices at entrances;
Affix social distancing, hygiene, and cleaning/disinfection signage, including posters, markers, and directional arrows;
Deliver and stockpile personal protective equipment (e.g. face coverings, face shields, gloves); and
Order, unload, and rough set materials that specialty contractors or subcontractors need to perform work (e.g. structural supports, piping, conduits, drywall).
(TENTATIVELY) EFFECTIVE MONDAY, JUNE 8, 2020, NON-ESSENTIAL WORK MAY START AGAIN, BUT MUST BE IN ACCORDANCE WITH THE STANDARDS FOR RESPONSIBLE CONSTRUCTION ACTIVITIES IN NEW YORK STATE AS SET FORTH BY THE GOVERNOR BELOW:
No construction activity can occur without meeting the following minimum State standards, as well as applicable federal requirements, including but not limited to such minimum standards of the Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Environmental Protection Agency (EPA), and United States Department of Labor’s Occupational Safety and Health Administration (OSHA).
The following standards apply to all construction activities – both essential and non-essential – in operation during the COVID-19 public health emergency until rescinded or amended by the State.
The following guidance is organized around three distinct categories: people, places, and processes.
I. PEOPLE
A. PHYSICAL DISTANCING
For any work occurring indoors (e.g. construction within an existing building), no more than 1 worker per 250 square feet is allowed on site, excluding supervisors, unless additional personal protective measures are implemented; or
A distance of at least six feet must be maintained among workers at all times, unless safety of the core activity requires a shorter distance (e.g. dry walling, glazing, lifting). Any time employees must come within six feet of another person, acceptable face coverings must be worn. Employees must be prepared to don a face covering if another person unexpectedly comes within six feet.
Acceptable face coverings for COVID-19 include but are not limited to cloth-based face coverings and disposable masks that cover both the mouth and nose.
However, cloth, disposable, or other homemade face coverings are not acceptable face coverings for workplace activities that typically require a higher degree of protection for personal protective equipment due to the nature of the work. For those activities, N95 respirators or other personal protective equipment (PPE) used under existing industry standards should continue to be used, as is defined in accordance with OSHA guidelines.
The number of work stations and employee seating areas, and their use, may be modified or restricted, so that workers are at least six feet apart in all directions (e.g. side-to-side and when facing one another) and are not sharing workstations without cleaning and disinfection between use.
When distancing is not feasible between workstations, the use of face coverings or physical barriers (e.g. plastic shielding walls, in lieu of face coverings in areas where they would not affect air flow, heating, cooling, or ventilation) must be provided and required.
Physical barriers should be put in place in accordance with OSHA guidelines.
Physical barrier options may include: strip curtains, Plexiglas or similar materials, or other impermeable dividers or partitions.
The use of tightly confined spaces (e.g. elevators, hoists, vehicles) by more than one individual at a time, unless all employees in such space at the same time are wearing acceptable face coverings, should be prohibited. However, even with face coverings in use, occupancy must never exceed 50% of the maximum capacity of the space or vehicle, unless it is designed for use by a single occupant. Ventilation with outdoor air should be increased to the greatest extent possible, while maintaining safety protocols, and additional measures to prevent congregation in elevator waiting areas and limit density in elevators, such as enabling the use of stairs, should be taken.
Measures should be put in place to reduce bi-directional foot traffic using tape or signs with arrows in narrow aisles, hallways, or spaces, and post signage and distance markers denoting spaces of six feet in all commonly used areas and any areas in which lines are commonly formed or people may congregate (e.g. clock in/out stations, health screening stations, etc.).
Signs must be posted throughout the site, consistent with DOH COVID-19 signage. Customized signage specific to a workplace or setting can be developed and used, provided that such signage is consistent with the Department’s signage. Signage should be used to remind employees to:
Cover their nose and mouth with a mask or cloth face-covering when six feet of social distance cannot be maintained.
Properly store and, when necessary, discard personal protective equipment.
Adhere to physical distancing instructions.
Report symptoms of or exposure to COVID-19, and how they should do so.
Follow hand hygiene and cleaning guidelines.
B. GATHERINGS IN ENCLOSED SPACES
In-person gatherings (e.g. shapeups, toolbox talks, safety meetings) must be limited to the greatest extent possible and other methods such as video or teleconferencing must be used whenever possible, per CDC guidance “Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)”. When videoconferencing or teleconferencing is not possible, meetings should be held in open, well-ventilated spaces and it should be ensured that individuals maintain six feet of social distance between one another (e.g. if there are chairs, leave space between chairs, have employees sit in alternating chairs).
Practices for adequate social distancing in confined areas, such as restrooms and break-rooms, must be put in place, and signage and systems (e.g. flagging when occupied) to restrict occupancy when social distancing cannot be maintained in such areas should be developed; and
Schedules should be staggered for employees to observe social distancing (i.e., six feet of space) for any gathering (e.g. coffee breaks, meals, and shift starts/stops).
C. WORKPLACE ACTIVITY
Measures should be taken to reduce interpersonal contact and congregation, through methods such as:
Limiting in-person presence to only those staff who are necessary to be on site;
Adjusting workplace hours;
Reducing on-site workforce to accommodate social distancing guidelines;
Shifting design (e.g. A/B teams, staggered arrival/departure times);
Prioritizing tasks that allow for social distancing (e.g. steel erection) over those that do not (e.g. dry walling, glazing); and/or
Avoiding multiple crews and/or teams working in one area by staggering scheduled tasks and using signs to indicate occupied areas.
D. MOVEMENT AND COMMERCE
Non-essential visitors on site should be prohibited.
Designated areas for pickups and deliveries must be established, limiting contact to the extent possible.
On-site interactions (e.g. designate an egress for workers leaving their shifts and a separate ingress for workers starting their shifts) and movements (e.g. employees should remain near their workstations as often as possible) should be limited.
II. PLACES
A. PROTECTIVE EQUIPMENT
In addition to necessary personal protective equipment (PPE) as required for certain workplace activities, acceptable face coverings must be procured, fashioned, or otherwise obtained, and such coverings must be provided to employees while at work at no cost to the employee. An adequate supply of face coverings, masks and other required PPE should be on hand in the event an employee needs a replacement, or a visitor is in need. Acceptable face coverings include, but are not limited to, cloth (e.g. homemade sewn, quick cut, bandana), surgical masks, N95 respirators, and face shields.
Face coverings must be cleaned or replaced after use and may not be shared. Please consult CDC guidance for additional information on cloth face coverings and other types of personal protective equipment (PPE), as well as instructions on use and cleaning.
Note that cloth face coverings or disposable masks shall not be considered acceptable face coverings for workplace activities that impose a higher degree of protection for face covering requirements. For example, if N95 respirators are traditionally required for specific construction activities, a cloth or homemade mask would not suffice. OSHA standards for such safety equipment must be adhered to.
Employees must be allowed to use their own acceptable face coverings, but cannot be required to supply their own face coverings. Further, this guidance shall not prevent employees from wearing their personally owned additional protective coverings (e.g. surgical masks, N95 respirators, or face shields). Compliance with all applicable OSHA standards is required.
Measures should be put in place to limit the sharing of objects, such as tools, machinery, materials, and vehicles, as well as the touching of shared surfaces, such as railings and fences; or, require workers to wear gloves (trade-appropriate or medical) when in contact with shared objects or frequently touched surfaces; or, require workers to sanitize or wash their hands before and after contact.
Workers must be trained on how to adequately put on, take off, clean (as applicable), and discard PPE, including but not limited to, appropriate face coverings.
B. HYGIENE AND CLEANING
Adherence to hygiene and sanitation requirements as advised by the CDC and DOH, including “Guidance for Cleaning and Disinfection of Public and Private Facilities for COVID-19,” and the “STOP THE SPREAD” poster, as applicable, is required. Cleaning logs that include the date, time, and scope of cleaning must be maintained.
Hand hygiene stations must be provided and maintained on site, as follows:
For handwashing: soap, running warm water, and disposable paper towels.
For sanitizer: an alcohol-based hand sanitizer containing at least 60% alcohol for areas where handwashing facilities may not be available or practical.
Appropriate cleaning / disinfection supplies for shared and frequently touched surfaces must be provided, and employees should be encouraged to use these supplies before and after the use of these surfaces, followed by hand hygiene.
Regular cleaning and disinfection of the work site must be conducted, as well as more frequent cleaning and disinfection for high risk areas used by many individuals and for frequently touched surfaces. Cleaning and disinfecting must be rigorous and ongoing and should occur at least after each shift, daily, or more frequently as needed. Please refer to DOH’s “Interim Guidance for Cleaning and Disinfection of Public and Private Facilities for COVID-19” for detailed instructions on how to clean facilities.
Regular cleaning and disinfecting of restrooms must be ensured. Restrooms should be cleaned more often depending on frequency of use.
Distancing rules must be adhered to by reducing restroom capacity where feasible.
Equipment and tools must be regularly disinfected using registered disinfectants, including at least as often as workers change workstations or move to a new set of tools. Refer to the
Department of Environmental Conservation (DEC) list of products registered in New York State and identified by the EPA as effective against COVID-19.
If cleaning or disinfection products or the act of cleaning and disinfecting causes safety hazards or degrades the material or machinery, hand hygiene stations must be put in place for in between uses and/or disposable gloves must be supplied.
Cleaning and disinfection of exposed areas must be provided for in the event of a positive case of COVID-19 of a worker, with such cleaning to include, at a minimum, all heavy transit areas and high-touch surfaces (e.g. shared tools, machines, vehicles, handrails, portable toilets).
CDC guidelines on “Cleaning and Disinfecting Your Facility” if someone is suspected or confirmed to have COVID-19 infection are as follows:
Close off areas used by the person who is sick.
Operations do not necessarily need to be closed, if affected areas can be closed off.
Open outside doors and windows to increase air circulation in the area.
Wait 24 hours before you clean or disinfect. If 24 hours is not feasible, wait as long as possible.
Clean and disinfect all areas used by the person who is sick, such as offices, bathrooms, common areas, and shared equipment.
Once the area has been appropriately disinfected, it can be opened for use.
Workers without close contact with the person who is sick can return to the work area immediately after disinfection.
Per CDC’s “Evaluating and Testing Persons for Coronavirus Disease 2019 (COVID-19),” considerations when assessing close contact include the duration of exposure (e.g. longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID-19 (e.g. coughing likely increases exposure risk as does exposure to a severely ill patient).
If more than seven days have passed since the person who is sick visited or used the facility, additional cleaning and disinfection is not necessary, but routine cleaning and disinfection should continue.
Shared food and beverages (e.g. buffet style meals) must be prohibited, bringing lunch from home should be encouraged, and adequate space for employees to observe social distancing while eating meals must be identified and reserved.
C. PHASED REOPENING
Reopening activities are encouraged to be phased-in so as to allow for operational issues to be resolved before production or work activities return to normal levels. A limited number of employees and hours, when first reopening should be considered so as to provide operations with the ability to adjust to the changes.
D. COMMUNICATIONS PLAN
Affirmation that the state-issued industry guidelines have been reviewed, are understood, and that they will be implemented, must be provided.
A communication plan for employees, visitors, and customers should be developed that includes applicable instructions, training, signage, and a consistent means to provide employees with information. Development of webpages, text and email groups, and social media should b considered.
III. PROCESSES
A. SCREENING AND TESTING
Mandatory daily health screening practices must be implemented.
Screening practices may be performed remotely (e.g. by telephone or electronic survey), before the employee reports to the work site, to the extent possible; or may be performed on site.
Screening should be coordinated to prevent workers from intermingling in close contact with each other prior to completion of the screening.
At a minimum, screening should be required of all workers and visitors and completed using a questionnaire that determines whether the worker or visitor has:
(a) knowingly been in close or proximate contact in the past 14 days with anyone who has tested positive for COVID-19 or who has or had symptoms of COVID-19,
(b) tested positive for COVID-19 in the past 14 days, or
(c) has experienced any symptoms of COVID-19 in the past 14 days.
According to the CDC guidance on “Symptoms of Coronavirus,” the term “symptomatic” includes employees who have the following symptoms or combinations of symptoms: fever, cough, shortness of breath, or at least two of the following symptoms: fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
Employees should be required to immediately disclose if and when their responses to any of the aforementioned questions change, such as if they begin to experience symptoms, both during work hours or outside of work hours.
Daily temperature checks may also be conducted per Equal Employment Opportunity Commission or DOH guidelines. Keeping records of employee health data (e.g. temperature data) is prohibited.
Any personnel performing screening activities, including temperature checks, must be appropriately protected from exposure to potentially infectious workers or visitors entering the site. Personnel performing screening activities should be trained by employer-identified individuals who are familiar with CDC, DOH, and OSHA protocols.
Screeners should be provided and use PPE, including at a minimum, a face mask, and may include gloves, a gown, and/or a face shield.
An employee who screens positive for COVID-19 symptoms should not be allowed to enter the worksite and should be sent home with instructions to contact their healthcare provider for assessment and testing. The local health department and DOH must be immediately notified about the suspected case. Information on healthcare and testing resources should be provided to the employee.
An employee who has responded that they have had close contact with a person who is confirmed or suspected for COVID-19 may not be allowed to enter the worksite without abiding by the precautions outlined below and documentation of the employee’s adherence to those precautions has been done.
All employee and visitor responses collected by the screening process on a daily basis must be reviewed and a record of such review must be maintained. A contact as the party for workers to inform if they later are experiencing COVID-19-related symptoms, as noted in the questionnaire must be identified.
A site safety monitor must be designated whose responsibilities include continuous compliance with all aspects of the site safety plan.
To the extent possible, a log of every person, including workers and visitors, who may have close contact with other individuals at the work site or area must be maintained; excluding deliveries that are performed with appropriate PPE or through contactless means. Log should contain contact information, such that all contacts may be identified, traced and notified in the event an employee is diagnosed with COVID-19. Cooperation with local health departments contact tracing efforts is required.
Employers and employees should take the following actions related to COVID-19 symptoms and contact:
If an employee has COVID-19 symptoms AND EITHER tests positive for COVID-19 OR did not receive a test, the employee may only return to work after completing a 14-day self-quarantine.
If an employee is critical to the operation or safety of a site, the local health department and the most up-to-date CDC and DOH standards on the minimum number of days to quarantine before an employee is safely able to return to work with additional precautions to mitigate the risk of COVID-19 transmission may be consulted.
If an employee does NOT have COVID-19 symptoms BUT tests positive for COVID-19, the employee may only return to work after completing a 14-day self-quarantine. If an employee is critical to the operation or safety of a site, the local health department and the most up-to-date CDC and DOH standards on the minimum number of days to quarantine before an employee is safely able to return to work with additional precautions to mitigate the risk of COVID-19 transmission may be consulted.
If an employee has had close contact with a person with COVID-19 for a prolonged period of time AND is symptomatic, the employee should notify their employer and follow the above protocol for a positive case.
If an employee has had close contact with a person with COVID-19 for a prolonged period of time AND is NOT symptomatic, the employee should notify their employer and adhere to the following practices prior to and during their work shift, which should be documented:
1) Regular monitoring: As long as the employee does not have a temperature or symptoms, they should self-monitor under the supervision of their employer’s occupational health program.
2) Wear a mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.
3) Social distance: Employee should continue social distancing practices, including maintaining, at least, six feet distance from others.
4) Disinfect and clean work spaces: Continue to clean and disinfect all areas such as offices, bathrooms, common areas, and shared electronic equipment routinely.
If an employee is symptomatic upon arrival at work or becomes sick during the day, the employee must be separated and sent home immediately, following the above protocol for a positive case.
B. TRACING AND TRACKING
The local health department and DOH must be notified immediately upon being informed of any positive COVID-19 test result by a worker at the site.
In the case of a worker or visitor testing positive, cooperation with the local health department is required to trace all contacts in the workplace, and the local health department must be notified of all workers and visitors who entered the site dating back to 48 hours before the worker began experiencing COVID-19 symptoms or tested positive, whichever is earlier, but confidentiality must be maintained as required by federal and state law and regulations.
Local health departments may, under their legal authority, implement monitoring and movement restrictions of infected or exposed persons including home isolation or quarantine.
Employees who are alerted that they have come into close or proximate contact with a person with COVID-19, and have been alerted via tracing, tracking or other mechanism, are required to self-report to their employer at the time of alert and shall not be permitted to remain or return to the work site.
IV. EMPLOYER PLANS
Completed safety plans must be conspicuously posted on site. The State has made available a business reopening safety plan template to guide business owners and operators in developing plans to protect against the spread of COVID-19. The plan does not need to be submitted for approval, but it must be immediately available for inspection if requested.
An acceptable form of plan is available at [Click to View] which can be completed on-line, printed and kept on-site.
As always, feel free to call RPO Inc. if you would like to engage us to consult you about re-opening your site.
Volume 5 | Issue 7: Requirements For Re-Opening Construction
RPO has been an advocate for the safe resumption of business in New York City. We have secured permission for many of our clients to carefully resume their essential and emergency work. As New York City begins to re-open for business, it is important for businesses to act responsibly and follow all required guidelines. Below are the State guidelines and mandates for resuming construction:
THESE NYS GUIDELINES APPLY TO ALL CONSTRUCTION BUSINESSES THAT HAVE ALREADY BEEN PERMITTED TO RE-OPEN:
CLICK TO VIEW THE NYS GUIDELINES
THE NYS GUIDELINES IN THE LINK BELOW PROVIDE GUIDANCE FOR PHASE I RE-OPENING OF CONSTRUCTION SITES, WHEN THAT OCCURS. AS OF THIS DATE, PHASE I RE-OPENING IN NYC IS SCHEDULED FOR JUNE 8, 2020.
This Interim Guidance for Construction Activities during the COVID-19 Public Health Emergency (“Interim COVID-19 Guidance for Construction”) was created to provide owners/operators of construction projects and their employees and contractors with precautions to help protect against the spread of COVID-19 as indoor and outdoor construction sites reopen. These guidelines are minimum requirements only and any employer is free to provide additional precautions or increased restrictions.
These guidelines are based on the best-known public health practices at the time of Phase I of the State’s reopening, and the documentation upon which these guidelines are based can and does change frequently. Construction sites must adhere to all local, state and federal requirements relative to construction activities. All construction-involved entities are also accountable for staying current with any updates to these requirements, as well as incorporating same into any construction activities and/or Site Safety Plan.
CLICK TO VIEW THE MASTER CONSTRUCTION GUIDANCE
A WRITTEN SAFETY PLAN IS REQUIRED UPON RE-OPENING.
Each re-opening business must develop a written Safety Plan outlining how its workplace will prevent the spread of COVID-19. A business may fill out the template in the link below in order to fulfill the requirement, or may develop its own Safety Plan. This plan does not need to be submitted to a state agency for approval but must be retained on the premises of the business and must be made available to the New York State Department of Health (DOH) or local health or safety authorities in the event of an inspection.
CLICK TO VIEW THE NYS SAFETY PLAN TEMPLATE
RPO IS COMMITTED TO PROVIDING OUR CLIENTS WITH TIMELY, ACCURATE AND USEFUL INFORMATION.
PLEASE CALL RPO AT 212-566-5110 IF YOU WISH TO ENGAGE US TO CONSULT ABOUT REQUIREMENTS IN RESUMING YOUR PROJECTS, OR TO ASSIST YOU IN OBTAINING PERMISSION TO RESUME YOUR ESSENTIAL OR EMERGENCY WORK.
Volume 5 | Issue 6: COVID-19 Construction Update
The mandate that limits construction to only essential or emergency work pursuant to New York State Gubernatorial Emergency Order 202.6, has been extended through June 7, 2020, in New York City.
All licenses/registrations and permits issued by the Department of Buildings and expiring from the beginning of the declaration of the state of emergency through the period of the emergency declaration are extended in accordance with Mayoral Emergency Executive Order 112. Approved sites need to post a new Certificate of Authorization with the expiration date of June 7, 2020.
Permit Renewal Extension
Permits already in effect shall remain in effect until the end of the term for which they were issued. Permits that would have expired during the state of emergency have been extended for the duration of the state of emergency. If the state of emergency is extended, the permit expiration date will automatically be extended, however applicants are still able and encouraged to renew permits in a timely manner.
License Renewal Extension
Licenses/registrations expiring from the beginning of the declaration of the state of emergency through the period of the emergency declaration are extended for the duration of the state of emergency. Affected licenses/registrations will be automatically extended by subsequent orders until the state of emergency in the City of New York is no longer in effect.
Any licensee/registrant who is eligible and can satisfy the requirements for renewal of their license/registration may submit their application for renewal at any time during this period. Following the extension period, licensees/registrants will be subject to all requirements for the renewal of their respective license/registration.
Insurance Requirements
While the expiration date of the permits has been extended, valid insurance required by law or rule is still required and no work can be performed without updated insurance under these extended permits. Licensees/registrants must also ensure that all required insurances are active during this extension period.
Certificates of Authorization
Once a request is approved in the Essential Construction portal, a Certificate of Authorization must be printed for each approved job and posted at the work site. Prior certificates are now valid until June 7, 2020 and a new certificate needs to be printed and posted at the work site.
Please feel free to RPO at 212-566-5110 if you would like to engage us to assist in achieving permission to resume work at your site.
Volume 5 | Issue 5: COVID-19 Essential And Emergency Construction Update
We hope that you are all well and we look forward to restoring normalcy in our business and family lives when it is safe to do so. In the meantime, we would like to make you aware that the NYC Department of Buildings is modifying its guidance about Essential and Emergency work so that it is more specific, and a bit less restrictive.
The important changes are:
Construction of public and private schools are now considered essential;
Work to affordable housing has a lowered threshold from 30% to 20% affordable units and are not limited to vacant buildings;
Construction projects in the energy industry qualify;
Alterations for projects at essential businesses qualify.
Here is the DOB Notice that was issued today:
Please contact our office if you would like RPO to assist you to register your project as essential or emergency work.