Nonessential Construction Work to Open in New York City

Marty McCarthy, CPA, CCIFP
Focused on You. Dedicated to Your Success.
June 10, 2020

Construction workers were allowed to return to work on June 8 in New York City. As reported in Construction Dive on June 8, between 200,000 and 400,000 people are expected to return to work as New York City enters Phase I of Gov. Andrew Cuomo's reopening plan. Much of the rest of the state has already entered Phase II or will do so this week.

Since the end of March, only construction services deemed essential have been allowed to work. The New York City Department of Buildings (DOB) also revoked all After Hours Variance (AHV) permits, unless they were issued for essential categories of projects. 

The DOB has been aggressive in fining violators of the construction ban up to $10,000. 
Andrew Rudansky, press secretary for the DOB, said while the department will continue to issue updates for contractors during the rollout period, which is part of Phase I, work is underway in preparation for construction on almost  32,500 nonessential projects  across the city's five boroughs. 

The DOB issued additional information on how it would enforce social distancing and safety guidelines. The guidance includes:

  • Ensure six feet of distance between personnel, unless safety or core function of the work activity requires a shorter distance.
  • All personnel and visitors to construction sites must wear face coverings appropriate for their task, unless medically unable to do so.
  • Tightly confined spaces (e.g., elevators, hoists) occupied by 50% maximum allowed number of people at 50% capacity must be posted within the cab AND at each landing.
  • A site safety monitor must be designated whose responsibilities include continuous compliance with all aspects of the site safety plan.
  • Appropriate signage is posted throughout the site to remind personnel to adhere to proper hand hygiene, physical distancing rules, appropriate use of personal protective equipment, and cleaning and disinfecting protocols.
  • Safety plan(s) are conspicuously posted on site and include a copy of the submitted State affirmation.
  • A communication plan for employees, visitors, and clients is available at the site.
  • A continuous log of every person who may have had close contact with other individuals at the work site or area is kept at the site.
  • There are hand hygiene stations available on site and readily accessible to workers.
  • A cleaning and disinfection log is present at the site with minimum daily entries.

For additional information we also recommend that owners and contractors review the NYC Health Department publication Reopening New York City: Frequently Asked Questions What the Constructions Businesses Need to Know.

In addition to general business compliance it also provides information on best practices that can be implemented by employers at their construction sites. During the first 30 days of construction resuming, the Department will focus on education to help the industry learn how to implement the new standards and procedures.

Initial DOB violations issued during these first 30 days carry no financial penalty. Following this period, violations will result in financial penalties and further noncompliance may result in Stop Work Orders and summonses with accompanying civil penalties of up to $5,000 for each offense. Any violation of these requirements, or other New York State or New York City mandates, is subject to enforcement including issuance of violations and associated penalties.

We will continue to update you on new developments. Please visit our COVID-19 Resource Page for more alerts.

Feel free to contact any member of our team at (610) 828-1900 (PA) or (732) 341-3893 (NJ) with questions. You can contract Rich Higgins, CPA, managing principal - New Jersey Office at Richard.Higgins@MCC-CPAs.com and me at Marty.McCarthy@MCC-CPAs.com . As always, we are happy to help.

Stay safe,

Marty McCarthy, CPA, CCIFP
Managing Partner
McCarthy & Company

Disclaimer: This alert is for informational purposes only and does not constitute professional advice. Information contained in this communication is not intended or written to be used as tax advice, and cannot be used by the recipient to avoid penalties that may be imposed under the Internal Revenue Code. We strongly advise you to seek professional assistance with respect to your specific issue(s).