New York State Requires the OSHA 10 Hour Construction Course

New York is one of 7 states that require workers to complete the OSHA 10 hour construction course for working on certain public construction projects. Below is a summary of the situations covered by the law, valid methods to prove completion, and employer requirements. In addition, contact information for questions is included.

Covered Projects

The specific construction projects covered by the requirement for the OSHA 10 hour course are as follows:

  • Publicly funded (including federal, state, or local municipality)
  • Project valued at $250,000.00 or more

Covered Employees and Timeline

All employees, for any contractor, performing any work at the jobsite, are included in the provision for the OSHA 10 hour safety training course.

The intent of the law is that all employees complete the OSHA 10 hour course prior to beginning work on the project. So, there is no “grace period” for new workers on the project.

Geographic Areas covered

All major metropolitan areas, including New York City, Albany, Rochester, Syracuse and Buffalo as well as all rural areas are covered by this requirement, as long as the project meets the requirements above for size and public works.

Proof of Completion

Proof of completion may include but is not limited to:

  • OSHA 10 hour card, issued by the Department of Labor
  • training roster or attendance record from the training provider
  • other documentation from the certified trainer such as certificate of completion
  • other valid proof

The statute actually says “other valid proof” leaving some leeway on the proof of completion. Workers are encouraged to verify with their employer any specific proof of completion required for the specific worksite, however, in virtually all cases, a certificate of completion from an OSHA accepted provider is acceptable.

Employer Assertion

The New York law is very specific that each employee take the course and have valid proof of completion, saying that it is not enough for the employer to simply state that everyone has completed the course. Specifically, “A certification by the employer attesting that all employees have completed such course is not sufficient proof that the course has been completed.”

Enforcement & Compliance

Contractors and sub contractors need to attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted to the contracting agency. For new employees, they need to attach the proof of completion on the first payroll for the new employee.

The requirements for the OSHA 10 hour course began on July 18, 2008 and are still in effect.

The New York State Department of Labor, Bureau of Public Work handles all issues regarding this statute. Questions about individual situations should be made to this department.

Additional States Requiring the OSHA 10 Hour Course

Other states with similar requirements include Nevada, Massachusetts, Missouri, New Hampshire, Connecticut & Rhode Island. Each state has slightly different requirements and exemptions.

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Source by David Argy