Contractor Fined $5,000 for Not Conspicuously Posting Post-COVID Safety Plan

DOB issued a violation notice to landlord's contractor for performing nonessential construction work during the COVID-19 pandemic in violation of the NYC Mayor's Emergency Executive Order (EEO) 120 and subsequent orders incorporating requirements of the Governor's Executive Order (EO) 202.34 and guidance published by the state DOH. DOB's inspector stated that he observed the pouring of concrete and that the contractor provided no COVID-19 Safety Plan when requested at the time the violation was issued. At a hearing, the contractor argued that nonessential construction in NYC was authorized on June 8, 2020, under the city's reopening plan and therefore they needed no emergency permit. The ALJ ruled against the contractor and fined it $5,000.

The contractor appealed and lost. EEO No. 120, issued on June 3, 2020, mandated that businesses or entities open under NYS DOH guidance must be operated subject to the guidance issued by the NYS DOH. DOH's Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency dated June 26, 2020 (DOH Interim Guidance) provided that completed safety plans must be conspicuously posted on site. The state had 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. Phase One of the NYC reopening plan lifted the ban on nonessential construction work in NYC effective June 8, 2020. Although DOB's inspector erred in finding that the contractor was conducting nonessential construction activities at the time of the violation notice, he correctly found that the contractor violated applicable rules by failing to conspicuously post a safety plan at the premises in violation of Code Section 28-201.1.

DOB v. TCS Construction Corp.: ECB App. No. 2100378 (6/24/21) [3-pg. doc.]