The STA would like to remind our members of the OSHA Construction Industry related webpage for COVID-19:

https://www.osha.gov/SLTC/covid-19/construction.html

This webpage contains a wealth of information including how to maintain a safe and healthy jobsite, as well as links to CDC guidelines.

Please contact the STA at info@stanyc.com with any COVID-19 construction related questions or comments and we will do our best to assist you in getting an answer.

The STA would like to bring to the attention of its members, a video released by the Scaffold Law Reform Coalition (SLRC). This video was created after the SLRC’s urgent appeal to Governor Cuomo asking him to use his executive authority to issue a 12-month moratorium on the “absolute liability” provisions of the Scaffold Law.

Please click here to watch the video!

The statute, comprised of New York Labor Law sections 240/241 and commonly known as the “Scaffold Law,” holds contractors, property owners and their agents, absolutely liable for any gravity-related injuries sustained by a worker, irrespective of gross negligence on the part of the worker.

The video explains how the Governor of New York has a unique opportunity to help jumpstart the economy. Due to the Covid-19 pandemic state of emergency, the Governor can use his executive authority to issue a 12-month moratorium on the provisions of the Scaffold Law from absolute strict liability to comparative fault and save billions of taxpayers’ —and private businesses— dollars in insurance costs. These billions can be better invested in the badly needed infrastructure projects and help generate thousands of jobs in the construction industry and other businesses in the state, without affecting any of the workers’ rights and protections in place.

For more information, please visit their website: www.BillionDollarFix.nyc

I would like to bring to the attention of the STA members, a letter that went out from the Building Contractors Association regarding COVID-19 Safety Compliance on Jobsites. It is being advised that the trade associations and their contractors heed the advice outlined in the letter below. Please contact the STA office at ssweeney@stanyc.com with any questions.

Over the last few months, it has often felt like we had achieved a certain level of equilibrium working and living with this pandemic. We may have become “comfortable” with a new normal, maybe even become a bit relaxed about the urgency of following safety protocols. No doubt we have all been experiencing a certain level of Covid-19 fatigue. Unfortunately, recent spikes and increases in infection rates both locally and across the country have reminded us that we are not over the hump just yet.

I have also, unfortunately, been hearing about increased infection rates on jobsites. This is a problem that threatens your business, our industry and the overall economy. No one wants another government mandated shutdown. We cannot afford another shutdown. It is imperative that everyone remind themselves of the safety protocols that have been put in place not only by New York State and the City of New York, but those agreed to by the contractor associations and the building trades collectively.

Every contractor has been required to develop a written safety plan. I am asking you to revisit those plans, review your safety protocols, comply with them and enforce them when need be. Even though the safety guidelines may have said things like contractors “should” or “may” require temperature taking in order to avoid imposing a mandatory obligation, there is a value in public perception. How is the industry being viewed? If the State begins to see jobsites as super-spreader locations or events, you are in danger of being shutdown. There are murmurs within the industry that make me concerned. Certain sites are seeing spikes and being shutdown. Diligent compliance is key.

As the phrase goes, if you see something, say something. Talk to your subcontractors. Talk to the safety people. Talk to the supers. Talk to your labor force. Use peer pressure. Remind all workers that a shutdown impacts them directly.

In an Industrywide Zoom meeting yesterday, Union Leadership committed to reinforcing Covid awareness with their members. We need to do our part by enforcing compliance with the safety protocols.

In other words, do what you need to do to make the jobsite safe for everyone.

I have included links to the NYS and NYC safety protocol websites for your review.

https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/ConstructionMasterGuidance.pdf
https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/ConstructionShortGuidelines.pdf
https://www1.nyc.gov/site/buildings/about/covid-19-response.page

Thank you. I trust you will find this message to be in your best interest.

John F. O’Hare
Managing Director
Building Contractors Association, Inc.

The New York State Department of Health (DOH) has issued an emergency rule, effective July 9, 2020 that addresses the enforcement of several social distancing measures.  The new rule (Section 66-3.2 Face-Coverings) can be found here and includes the following mandates:

• Any person who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or face-covering when in a public place and unable to maintain, or when not maintaining, social distance.
• Any employee who is present in the workplace shall be provided and shall wear a mask or face-covering when in direct contact with customers or members of the public, or when unable to maintain social distance.  Businesses must provide, at their expense, such face coverings for their employees.

And perhaps most significant, the rule imposes the following enforceable requirement on all business operators and building owners.

• Business operators and building owners, and those authorized on their behalf shall deny admittance to any person who fails to comply with this section and shall require or compel such persons’ removal.  Provided, however, that this regulation shall be applied in a manner consistent with the federal American with Disabilities Act, New York State or New York City Human Rights Law, and any other applicable provision of law.

The rule specifies that any individual violating any provision of this rule is subject to a maximum fine of $1,000 for each violation.  Businesses are subject to civil penalties specified in the law, up to $2,000 per day of violation.  Unfortunately, the rule does not provide any guidance on just how a private sector business is supposed to enforce the rule (remove persons in violation of the face-covering requirement) which could lead to verbal and physical confrontations.

This emergency rule will remain effective for the duration of the COVID-19 state of emergency.

On another COVID-19 related matter, on July 13, 2020, Governor Cuomo announced a travel enforcement operation beginning on July 14^th at airports across the state to help ensure travelers are following the state’s quarantine restrictions.  As part of the enforcement operation, enforcement teams will be stationed at airports to meet arriving aircraft at gates to compel disembarking passengers to complete the State Department of Health traveler form, which is being distributed to passengers by airlines.  An electronic version of the DOH traveler form is now also available.

DOH has also issued an emergency health order mandating that all out-of-state travelers from designated states complete the traveler form upon entering New York.  Travelers who leave the airport without completing the form will be subject to a $2,000 fine and may be brought to a hearing and ordered to complete mandatory quarantine.  Additionally, travelers coming to New York from designated states through other means of transport, including trains and cars, must fill out the DOH traveler form online.

The Governor has also announced that four additional states meet the metrics to qualify for the travel advisory requiring individuals who have traveled to New York from those states, all of which have significant community spread, to quarantine for 14 days. The newly-added states are Minnesota, New Mexico, Ohio and Wisconsin. Delaware has been removed.  The 22 states currently on the quarantine list are:

• Alabama
• Arkansas
• Arizona
• California
• Florida
• Georgia
• Iowa
• Idaho
• Kansas
• Louisiana
• Minnesota
• Mississippi
• North Carolina
• New Mexico
• Nevada
• Ohio
• Oklahoma
• South Carolina
• Tennessee
• Texas
• Utah
• Wisconsin

This email serves as a final reminder that beginning today, July 8, non-compliance with the NYC Department of Building’s COVID-19 Guidance will result in in the issuance of a violation carrying a $5,000 penalty.  In particular, failure to have either a COVID-19 Safety Plan, affirmation, or a hand-hygiene station on site will also result in the issuance of a Stop Work Order.  Please be sure to be in compliance with the COVID-19 Guidance to avoid receiving a violation and Stop Work Order and to keep us all safe.

Linked here you will find an updated FAQ document and a Service Notice that speaks to the process for submitting a request to lift a COVID-related Stop Work Order in DOB NOW.

Please direct any questions to COVID-19@buildings.nyc.gov.

The Department of Buildings has shared the following information with STA: resolving any violation issued beginning Wednesday for non-compliance with the COVID-19 Guidance will require the submission of a Certificate of Correction to the Department that includes a statement or evidence that the violation was remedied.  See www.nyc.gov/aeu for more information on resolving a violation.

In addition a web portal will be available on Wednesday to accept requests to have a Stop Work Order lifted.  Evidence such as photographs will need to be uploaded to demonstrate that the conditions that resulted in the Stop Work Order have been corrected.  Once an administrative review reveals correction the Stop Work Order will be lifted.  The Department will be performing reinspections on a percentage of lifted Stop Work Orders to ensure compliance.  Additional information will be forthcoming in a Department-issued Service Notice.

Please remember that beginning Wednesday non-compliance with the Department’s COVID-19 Guidance will result in in the issuance of a violation carrying a $5,000 penalty.  In particular, failure to have either a COVID-19 Safety Plan, affirmation, or a hand-hygiene station on site will also result in the issuance of a Stop Work Order.  Please be sure to be in compliance with the COVID-19 Guidance to avoid receiving a violation and Stop Work Order and to keep us all safe.

Please direct any questions to COVID-19@buildings.nyc.gov.

The New York State Department of Labor announced new payroll reporting requirements that take effect on all new public works contracts entered into on or after June 23, 2020.

The new requirements amend the existing Labor Law 195 mandate that requires notification to all workers of their wage rate at the time of hire and on each paycheck. The new state law now requires that the supplements paid be added to the required notices at the time of hire and on each paycheck.

The New York State Department of Labor revised the existing LS58 form to reflect the new “time of hire” reporting requirement. The form was amended to clarify that the categories of supplements to be reported are “health and welfare”, “pension” and “other” rather than a list of each specific supplement required under the collective bargaining agreement.

Please click here for the updated LS58 form.

The New York City Department of Buildings released its May 2020 enforcement bulletin, which provides highlights of the agency’s actions to sanction and deter bad actors in the construction industry through the enforcement of safety laws and codes of conduct for construction professionals. The bulletin includes summaries of DOB-imposed disciplinary actions, including penalties and license suspensions and revocations

The actions below represent a portion of DOB’s overall work to enforce the City’s building codes and safety laws, in addition to the thousands of inspections conducted and violations issued by the agency each month for illegal building and construction conditions.

DOB took a number of major enforcement actions in May, including:

• 11 violations and $299,625 in penalties, including daily penalties, issued for illegal building alterations at two separate locations.
• 15 violations and $165,000 in penalties issued for failure to safeguard construction sites on 13 separate occasions.
• Three violations and $30,000 in penalties issued to three different individuals for failure to carry out duties of construction superintendents.

For the May Bulletin and previously issued Enforcement Action Bulletins, please visit the DOB website.

June 17, 2020

TO:                  STA Members

FROM:            Hank Kita/Executive Director

RE:                  SBA and Treasury Announce New EZ and Revised Full Forgiveness Applications for the Paycheck Protection Program

Today, the U.S. Small Business Administration (SBA), in consultation with the Department of the Treasury, posted a revised, borrower-friendly Paycheck Protection Program (PPP) loan forgiveness application implementing the PPP Flexibility Act of 2020, signed into law by President Trump on June 5, 2020.  In addition to revising the full forgiveness application, SBA also published a new EZ version of the forgiveness application that applies to borrowers that:

• Are self-employed and have no employees; OR
• Did not reduce the salaries or wages of their employees by more than 25%, and did not reduce the number or hours of their employees; OR
• Experienced reductions in business activity as a result of health directives related to COVID-19, and did not reduce the salaries or wages of their employees by more than 25%.

The EZ application requires fewer calculations and less documentation for eligible borrowers.  Details regarding the applicability of these provisions are available in the instructions to the new EZ application form.

Both applications give borrowers the option of using the original 8-week covered period (if their loan was made before June 5, 2020) or an extended 24-week covered period.  These changes will result in a more efficient process and make it easier for businesses to realize full forgiveness of their PPP loan.

June 17, 2020

TO:                  STA Members

FROM:            Hank Kita/Executive Director

RE:                  BTEA jobsite reopening inquiry email “hotline”

The Building Trades Employers’ Association (BTEA), of which STA is a member association, has recently created a jobsite reopening inquiry email hotline: issueswithreopening@bteany.com.

I encourage STA members to use this email for:

• Any issues with DOB
• Problems arsing from New York State guidance
• Conflicting regulations
• Untenable practical implementation

June 8, 2020

TO:                  STA Members

FROM:            Hank Kita/Executive Director

RE:                  DOB Phase One COVID-19 Update: June 7th

Yesterday evening the Mayor signed the linked Executive Order requiring face coverings to be worn by all workers and visitors on construction sites.  The Department of Buildings will be enforcing this requirement.  As a reminder, for the first thirty days violations will carry no monetary penalty.

Linked here is an updated Enforcement Guidance for Restart document.

An FAQ document can be found here.

An updated Buildings Bulletin concerning the resumption or suspension of operations can be found here.

All this and more can be found on the Phase I Reopening Page on the DOB website, which includes a Printable Flyer.

Please direct any questions to COVID-19@buildings.nyc.gov.

June 5, 2020

TO:                  STA Members

FROM:            Hank Kita/Executive Director

RE:                   Urgent Update: Phase One Reopening NYC Guidance

Below you will find an email that the STA office just received from the BTEA that is of the upmost importance regarding Phase One Reopening Guidance for NYC:

Urgent Update: Phase One Reopening NYC Guidance

Effective: Upon the City of New York Entering Phase 1 Reopening

June 3, 2020

TO:                  STA Members

FROM:            Hank Kita/Executive Director

RE:                  New York State Guidance for Staging of Construction Activities & Affirmation of State Safety Protocols

As a follow up to the Governor’s announcement last week allowing for the start-up of non-essential construction in New York City on June 8, the Empire State Development Corporation (ESDC) issued an update for the mobilization of Phase 1 construction activities specifically in New York City.  The ESDC guidance document can be accessed by clicking here.

In addition, the Governor’s Office has indicated to the BTEA that all contractors (including general contractors, construction managers, and subcontractors) must register an “Affirmation of State Safety Protocols” with the New York State Department of Health, as previously outlined in DOH rules. The affirmation form can be accessed by clicking here.

May 27, 2020

TO:  STA Members

RE:  OSHA Issues Guidance to Help Construction Workers During the Coronavirus Pandemic

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has launched a webpage with coronavirus-related guidance for construction employers and workers. The guidance includes recommended actions to reduce the risk of exposure to the coronavirus.

Employers of workers engaged in construction (such as carpentry, ironworking, plumbing, electrical, heating/air conditioning/ventilation, utility construction work, and earth-moving activities) should remain alert to changing outbreak conditions, including as they relate to community spread of the virus and testing availability. In response to changing conditions, employers should implement coronavirus infection prevention measures accordingly.

The webpage includes information regarding:

• Using physical barriers, such as walls, closed doors, or plastic sheeting, to separate workers from individuals experiencing signs or symptoms consistent with the coronavirus;
• Keeping in-person meetings (including toolbox talks and safety meetings) as short as possible, limiting the number of workers in attendance, and using social distancing practices;
• Screening calls when scheduling indoor construction work to assess potential exposures and circumstances in the work environment before worker entry;
• Requesting that shared spaces in home environments where construction activities are being performed, or other construction areas in occupied buildings, have good air flow; and
• Staggering work schedules, such as alternating workdays or extra shifts, to reduce the total number of employees on a job site at any given time and to ensure physical distancing.

Visit OSHA’s coronavirus webpage frequently for updates. For further information about the coronavirus, please visit the Centers for Disease Control and Prevention.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

May 27, 2020

TO:  STA Members

RE:  NYC Department of Buildings COVID-19 Update: May 26th

The NYC Department of Buildings (DOB) has shared that beginning June 8^thnearly all DOB BIS transactions can be performed online through eFiling. This linked Service Notice provides details along with information on web-based training sessions.

Additionally, please review the updated FAQ Document on DOB’s website.

Please direct any questions to COVID-19@buildings.nyc.gov.

May 18, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                SBA PAYCHECK PROTECTION PROGRAM LOANS – Loan Forgiveness Application
The SBA just released the Loan Forgiveness Application, linked here for your information.

As rules and regulations quickly change, please refer to the US Treasury Website:
https://home.treasury.gov/policy-issues/cares/assistance-for-small-businesses

Additional Links from US Treasury Website:

Tools

Program Overview

• Top-line Overview of PPP (3/31/2020)
• SBA Paycheck Protection Program Loan Report (4/16/2020)
• SBA Paycheck Protection Program Loan Report Round 2 (5/3/2020)

For Borrowers

• More information (3/31/2020)
• Search Tool: Find an Eligible Lender
• Borrower Application Form (4/2/20)
• Applicable Affiliation Rules
• How to Calculate Loan Amounts

For Lenders

• More information (3/31/2020)
• Lender Application Form (4/2/2020)
• Lender Application Form for Federally Insured Depository Institutions, Federally Insured Credit Unions, and Farm Credit System Institutions (4/3/2020)
• Lender Application Form for Non-Bank and Non-Insured Depository Institution Lenders (4/8/2020)
• Guidance on Whole Loans Sales of PPP Loans

Program Rules

• Frequently Asked Questions (5/3/2020)
• Interim Final Rule 1  (originally posted April 2, 2020)
• Interim Final Rule on Applicable Affiliation Rules  (originally posted 4/3/2020)
• Interim Final Rule on Additional Eligibility Criteria and Requirements for Certain Pledges of Loans  (originally posted 4/14/2020)
• Interim Final Rule on Requirements for Promissory Notes, Authorizations, Affiliation, and Eligibility(originally posted 4/24/2020)
• Interim Final Rule Additional Criterion for Seasonal Employers  (originally posted 4/27/2020)
• Interim Final Rule on Disbursements  (originally posted 4/28/2020)
• Interim Final Rule on Corporate Groups and Non-Bank and Non-Insured Depository Institution Lenders (originally posted 4/30/2020)

MAY 14, 2020

TO:                  STA MEMBERS

FROM:            HANK KITA/EXECUTIVE DIRECTOR

RE:                  NYS SAFETY GUIDELINES FOR CONSTRUCTION INDUSTRY   REOPENING

Last night, Governor Cuomo’s New York Forward Reopening Advisory Board released industry specific guidelines for the reopening of New York including the construction industry.  The guidelines apply to all construction businesses in New York State, including regions which have been allowed to open as well as those that remain “paused” such as New York City.  Construction businesses in New York City that have been previously permitted to operate as “essential” are now covered by these newly released guidelines.  It is important to note that Governor Cuomo has not yet reopened New York City for the resumption of what has been referred to as “nonessential construction”.

These Safety Guidelines are posted at https://forward.ny.gov/industries-reopening-phase. There are three sections to these guidelines which I would urge you to review.  Those sections are:

1. Summary Guidelines;
2. Detailed Guidelines (with a link to affirm that you have read and understand your obligation to operate within the guidelines);
3. A Safety Plan Template.

It is most important to note that these guidelines are mandatory for all construction businesses.  Included in the guidelines, among others, are references to CDC and NYS Department of Health cleanliness protocols, health and safety signage requirements, PPE standards, social distancing rules, and health screening for jobsite workers.

All construction businesses, including subcontractors, construction managers, general contractors, etc. are required to adopt these guidelines. As there are likely to be a number of “gray” areas where the implementation of these guidelines on jobsites is concerned, STA members should be in touch with the general contractors and construction managers on your specific jobs.

Please direct any questions on these guidelines that you might have in writing to info@stanyc.com.  My office will look into the development of a FAQ for these guidelines depending on the inquiries that we receive.

May 13, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                SBA PAYCHECK PROTECTION PROGRAM LOANS – Frequently Asked Questions (FAQs) – UPDATED MAY 13
Please click here for the SBA Paycheck Protection Program (PPP) Loans – FAQs, last updated today, May 13.

Please pay special attention to Question #46 in the FAQs which came out today. This addresses the issue of how the SBA will review borrowers’ required good-faith certification concerning the necessity of their loan request.

As rules and regulations quickly change, please refer to the US Treasury Website:
https://home.treasury.gov/policy-issues/cares/assistance-for-small-businesses

Additional Links from US Treasury Website:

Tools

Program Overview

• Top-line Overview of PPP (3/31/2020)
• SBA Paycheck Protection Program Loan Report (4/16/2020)
• SBA Paycheck Protection Program Loan Report Round 2 (5/3/2020)

For Borrowers

• More information (3/31/2020)
• Search Tool: Find an Eligible Lender
• Borrower Application Form (4/2/20)
• Applicable Affiliation Rules
• How to Calculate Loan Amounts

For Lenders

• More information (3/31/2020)
• Lender Application Form (4/2/2020)
• Lender Application Form for Federally Insured Depository Institutions, Federally Insured Credit Unions, and Farm Credit System Institutions (4/3/2020)
• Lender Application Form for Non-Bank and Non-Insured Depository Institution Lenders (4/8/2020)
• Guidance on Whole Loans Sales of PPP Loans

Program Rules

• Frequently Asked Questions (5/3/2020)
• Interim Final Rule 1  (originally posted April 2, 2020)
• Interim Final Rule on Applicable Affiliation Rules  (originally posted 4/3/2020)
• Interim Final Rule on Additional Eligibility Criteria and Requirements for Certain Pledges of Loans  (originally posted 4/14/2020)
• Interim Final Rule on Requirements for Promissory Notes, Authorizations, Affiliation, and Eligibility(originally posted 4/24/2020)
• Interim Final Rule Additional Criterion for Seasonal Employers  (originally posted 4/27/2020)
• Interim Final Rule on Disbursements  (originally posted 4/28/2020)
• Interim Final Rule on Corporate Groups and Non-Bank and Non-Insured Depository Institution Lenders (originally posted 4/30/2020)

May 12, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                Governor’s Press Office: Reopening Plan & Regional Monitoring Dashboard Resources

A guide to the state’s “NY Forward Reopening” Plan is available here.

The Governor also launched the state’s regional monitoring dashboard, which is available here.

Amid the ongoing COVID-19 pandemic, Governor Andrew M. Cuomo yesterday announced that as of May 11, the Finger Lakes, Southern Tier and Mohawk Valley Regions have met all seven metrics required to begin phase one of the state’s regional phased reopening plan when NYS on PAUSE orders expire on May 15th. If the trend continues, starting on May 15th, these three regions can begin opening businesses for phase one, which includes construction; manufacturing and wholesale supply chain; retail for curbside pickup and drop-off or in-store pickup; and agriculture, forestry and fishing.

PLEASE BE ADVISED THAT NEW YORK CITY IS NOT INCLUDED IN THESE REGIONS. THE METRICS WILL BE REMEASURED IN TWO WEEKS FOR THE CITY.

May 12, 2020

To:                   Members of the Subcontractors Trade Association (STA)

From:               Hank Kita
Executive Director

Subject:            STA Officer and Board Nominations (FY 2020-2021)

The STA’s Nomination Committee recently met and herewith submits for your information and consideration the following slate of nominations for Officers and Board of Directors for Fiscal Year 2020-2021, commencing July 1, 2020.

Officers (One Year Term: July 1, 2020– June 30, 2021)

President                      Joseph Leo (Atlantic Contracting & Specialties, LLC)
1^st Vice President          Christine Boccia (JD Traditional Industries)
2^nd Vice President         Stephen Gianotti (Arcadia Electric)
Treasurer                     Jake Bidosky (Keystone Management Associates, LLC)
Secretary                      Anthony Acerra (ALC Steel)

Board of Directors (Term of July 1, 2020 –June 30, 2023)

John Dierks                  Dierks Heating Company, Inc.
John Villafane              Eldor Electric
Tommy Cafiero            Island Painting

Board of Directors (Unexpired Term of July 1, 2019-June 30, 2022)

Elizabeth Weiss             A.J. McNulty & Co., Inc.

In accordance with STA By Laws, the election of STA Officers and Board of Directors will take place at the Annual Meeting which will be held on June 2, 2020 at 5:00 p.m. Because of the COVID-19 crisis, this Annual Meeting will be conducted as a “virtual “  meeting.  Additional information regarding participation in this meeting will be disseminated in the coming days.

Please contact the STA at info@stanyc.com  if you have any questions or comments regarding the nominations as listed here.

May 12, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                DOB COVID-19 UPDATE: LICENSE, REGISTRATIONS & PERMITS
On May 9th the Mayor signed an Executive Order extending the State of Emergency to June 7th.  As such, licenses, registrations and permits are extended through that date.

Those sites with approval to work need to print and post a new Certificate of Authorization with the expiration date of June 7th.  Please see this linked Service Notice for more information.

Please direct any questions to COVID-19@buildings.nyc.gov.

May 7, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                DOB COVID-19 UPDATE: ONLINE LICENSE RENEWALS

This linked Service Notice serves as a reminder that license renewals are being accepted online and effective tomorrow DOB will not be accepting renewals in-person or by mail.

Please direct any questions to COVID-19@buildings.nyc.gov.

May 7, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                NY State Compensation Insurance Rating Board: Classification Code and Experience Rating Plan Changes in Response to COVID-19

Just released by the New York Compensation Insurance Rating Board, RC Bulletin 2512, excluding claims from the experience rating calculation related to COVID-19 with an accident date on or after 12/1/2019.

The bulletin also established classification code 8873-Temporarily Reassigned Employees to be applied to the payroll of employees who, during the stay at home order, performed clerical work from home or were idle. Code 8873 has the same loss cost as clerical employees, Code 8810.

May 6, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                SBA PAYCHECK PROTECTION PROGRAM LOANS – Frequently Asked Questions (FAQs)
Please click here for the SBA Paycheck Protection Program (PPP) Loans – FAQs, last updated yesterday, May 5th.

Please be aware that the May 7th loan repayment date has been extended to May 14th, of which more information can be found on question #43 in the above linked FAQs.

As rules and regulations quickly change, please refer to the US Treasury Website:
https://home.treasury.gov/policy-issues/cares/assistance-for-small-businesses

Additional Links from US Treasury Website:

Tools

Program Overview

• Top-line Overview of PPP (3/31/2020)
• SBA Paycheck Protection Program Loan Report (4/16/2020)
• SBA Paycheck Protection Program Loan Report Round 2 (5/3/2020)

For Borrowers

• More information (3/31/2020)
• Search Tool: Find an Eligible Lender
• Borrower Application Form (4/2/20)
• Applicable Affiliation Rules
• How to Calculate Loan Amounts

For Lenders

• More information (3/31/2020)
• Lender Application Form (4/2/2020)
• Lender Application Form for Federally Insured Depository Institutions, Federally Insured Credit Unions, and Farm Credit System Institutions (4/3/2020)
• Lender Application Form for Non-Bank and Non-Insured Depository Institution Lenders (4/8/2020)
• Guidance on Whole Loans Sales of PPP Loans

Program Rules

• Frequently Asked Questions (5/3/2020)
• Interim Final Rule 1  (originally posted April 2, 2020)
• Interim Final Rule on Applicable Affiliation Rules  (originally posted 4/3/2020)
• Interim Final Rule on Additional Eligibility Criteria and Requirements for Certain Pledges of Loans  (originally posted 4/14/2020)
• Interim Final Rule on Requirements for Promissory Notes, Authorizations, Affiliation, and Eligibility (originally posted 4/24/2020)
• Interim Final Rule Additional Criterion for Seasonal Employers  (originally posted 4/27/2020)
• Interim Final Rule on Disbursements  (originally posted 4/28/2020)
• Interim Final Rule on Corporate Groups and Non-Bank and Non-Insured Depository Institution Lenders  (originally posted 4/30/2020)

April 23, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                Department of Buildings COVID-19 Service Notices Update

A few updates from the Department of Buildings:

• Pursuant to Mayoral Executive Order permits will be extended during the state of emergency.  Insurance requirements must be maintained.
• We are pleased to share that next week licenses and registrations will be able to be renewed online.  Details are forthcoming and please remember that pursuant to the Mayoral Executive Order licenses and registrations are extended during the State of Emergency as well.

Linked is a Service Notice which provides more information on the above.

Additionally, linked here is Bulletin 2020-006 which supercedes previously issued Bulletin 2020-004.  The updated Bulletin references permit and insurance requirements mentioned above, and that violations may result from failure to comply with the Bulletin.

Please direct any questions to COVID-19@buildings.nyc.gov.

Linked below are two DOB Service Notices for your awareness.

The first Service Notice announces that the deadline for submission of annual benchmarking reports for larger buildings has been extended from May 1st to August 1st.  Any fees associated with violations issued for failing to submit benchmarking reports must be paid electronically.

This second Service Notice addresses a myriad of issues including the following:

• Enhancements to the process for submitting PAA’s and correction requests;
• Updating the Essential Construction Request Portal to include Electrical and LAA permits, which will enable these jobs to appear on the Essential Active Construction Sites Map and have a Certificate of Authorization available for printing and posting;
• Updating the Essential Construction Request Portal to include Demolition filings; and
• Certificates of Authorization have been updated to include an expiration date of May 15th.  Please repost your Certificates as needed to reflect the new date.

Please be sure to check the Essential Construction Map to be sure your work is listed.  If not listed, submit an Essential Construction Request for approval.

Please direct any questions to COVID-19@buildings.nyc.gov.

April 20, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                Department of Buildings COVID-19 Update – License Renewal Extension and Essential Construction Requests Update

Pursuant to Mayoral Executive Order 107 licenses and registrations set to expire will continue to remain in effect during this state of emergency.

Additionally, the State Executive Order prohibiting non-essential construction has been extended to May 15th.  For Certificates of Authorization posted before April 17th, please print and post Certificates with the new expiration date.

This linked Service Notice provides additional information along with updates on Essential Construction Requests and Certificates of Authorization.

Please direct any questions to COVID-19@buildings.nyc.gov.

April 15, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                Department of Buildings COVID-19 Updates

Linked below you will find a few documents from NYC DOB clarifying the updated guidance released by ESDC on Thursday:

1. Updated Service Notice
2. Updated Guidance Document on Enforcement of Essential and Nonessential Construction
3. Updated FAQ

A few notes to highlight:

• Approvals for emergency and essential work will now include a Certificate of Authorization.  To limit the possibility of disruption of this work, we ask that you post your Certificate at your job site.
• Essential Construction Requests for the following scopes of work will now be subject to professional-certification and Department audit:
  • Work necessary to protect the safety of occupants
  • Work in support of an Essential Business
  • Work limited to a single worker
• A maximum of two appeals can be requested on a disapproved Essential Construction Request.
• We will be establishing a process to notify the Department electronically when work to make a site safe has concluded.  More to come.

Please direct any questions to COVID-19@buildings.nyc.gov.

April 13, 2020

TO:                 STA Members

FROM:           Henry Kita
Executive Director

RE:                U.S. Department of Labor Issues Enforcement Guidance For Recording Cases of COVID-19

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued interim guidance for enforcing OSHA’s recordkeeping requirements (29 CFR Part 1904) as it relates to recording cases of COVID-19.

Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and employers are responsible for recording cases of COVID-19, if the case:

• Is confirmed as a COVID-19 illness;
• Is work-related as defined by 29 CFR 1904.5; and
• Involves one or more of the general recording criteria in 29 CFR 1904.7, such as medical treatment beyond first aid or days away from work.

In areas where there is ongoing community transmission, employers other than those in the healthcare industry, emergency response organizations (e.g., emergency medical, firefighting and law enforcement services), and correctional institutions may have difficulty making determinations about whether workers who contracted COVID-19 did so due to exposures at work. Accordingly, until further notice, OSHA will not enforce its recordkeeping requirements to require these employers to make work-relatedness determinations for COVID-19 cases, except where: (1) There is objective evidence that a COVID-19 case may be work-related; and (2) The evidence was reasonably available to the employer. Employers of workers in the healthcare industry, emergency response organizations and correctional institutions must continue to make work-relatedness determinations pursuant to 29 CFR Part 1904.

For further information and resources about the coronavirus disease, please visit OSHA’s COVID-19 webpage.

March 28, 2020

TO:                  STA MEMBERS

FROM:            HENRY KITA
EXECUTIVE DIRECTOR

RE:                  NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY (SCA)
PROJECTS TO CONTINUE

I have been in touch this morning with Gordon Tung, Vice President of Construction Management at the SCA.  Mr. Tung advises that the SCA construction projects will continue to move forward in spite of the fact that “schools” were not explicitly mentioned as “essential” in the Empire State Development Corporation’s advisory on essential activities circulated yesterday.

Mr. Tung cautions that this direction is subject to change but as of 10 p.m. last night, the SCA would be proceeding with its construction projects.

Additional information will be provided by the STA on this subject as it becomes available.

• March 24, 2020 TO:                  STA MEMBERS RE:                  Department of Buildings Service Notice Beginning today, March 24, the Department of Buildings will continue to reduce in-person interactions between industry professionals and Department personnel in response to the COVID-19 Virus. Linked here is the service Notice that provides guidance on performing several additional types of transactions that will no longer be handled in-person. Please refer to the DOB website for more information: https://www1.nyc.gov/site/buildings/index.page

• March 22, 2020 TO:                  STA MEMBERS FROM:            HANK KITA EXECUTIVE DIRECTOR RE:                  CONSTRUCTION IS AN ESSENTIAL BUSINESS Since my last bulletin on this issue on Friday evening, I have continued to hear from STA members inquiring on whether or not “construction” is considered an essential business under Governor Cuomo’s most recent Executive Order. I would like to reiterate that yes, “construction” is indeed deemed to be an essential business under the Governor’s most recent Executive Order. The term “construction” is being interpreted very broadly at this time to include jobsites, back offices, and suppliers, among other industry related activities. Events as a result of the COVID-19 crisis remain fluid and we will keep you updated as events warrant.