“Additionally, it should be noted that site conditions are also inherently transitory in nature they may change on a daily, or even hourly basis therefore, the types of conditions that the auditors noted may not be present at the time of DOB’s inspection.”įor its part, DOB reported 2,003 building construction-related incidents occurred between Januand May 15, 2021. As we stated to the auditors, DOB inspectors can only take enforcement actions for conditions that are observed by a DOB inspector at the time of inspection,” said Ulrich. “It should be noted that no DOB staff was present during those visits. To identify the safety issues cited in the report, New York State Comptroller officials visited 43 construction sites between Jand August 31, 2021, of which 18 were actively under construction.īut Ulrich said since DOB staff weren't present during those visits, the department couldn't take action against any potential violations. “When DOB is aware of a pattern of non-compliance, such as unaddressed safety issues, it should escalate enforcement actions.” “Our audit identified many situations where DOB did not pursue additional enforcement actions for contractors or building owners, such as issuing violations for failure to certify corrections when immediate hazards were not addressed,” said DiNapoli in the report. DiNapoli said in the report that it's the DOB’s responsibility to enforce construction site safety regulations. He also added that while DOB has procedures in place to follow up on injuries and fatalities, there are “practical limitations that at times prevent DOB from becoming aware of deaths that occur after an incident or accident has occurred at a construction site.”īut New York State Comptroller Thomas P. Though DOB did agree with most key recommendations in the report, Eric Ulrich, commissioner at the DOB, said in email to the deputy comptroller that “it is important to note that the onus is on contractors and site safety professionals” to ensure safety on construction sites.

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