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What is NYC BC § 3301.13.12?

Quick Answer

This section requires the construction superintendent to designate a competent person for each job site, ensuring their presence during active work when the superintendent is absent. The competent person is responsible for identifying hazards, reporting incidents, and communicating safety instructions. Applies to construction superintendents overseeing job sites.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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3301.13.12 Competent person.

BC § 3301.13.12

The construction superintendent must designate a competent person for each job site for which the construction superintendent is responsible and ensure such competent person is present at the designated job site at all times active work occurs when the construction superintendent is not at the site. The designation of a competent person does not alter or diminish any obligation imposed upon the construction superintendent. The competent person must carry out orders issued by the construction superintendent; be able to identify unsanitary, hazardous or dangerous conditions; take prompt corrective measures to eliminate such conditions; immediately report to the construction superintendent incidents at the job site or any damage to adjoining property caused by construction or demolition activity at the job site; and be able to effectively communicate workplace instructions and safety directions to all workers at the site. Exception: Beginning January 1, 2026 or a later date established by the department, provided that such date is not later than January 1, 2027, where Section 3301.13.6 requires the construction superintendent to be dedicated to one job, the designation of a competent person is not authorized. In the event the primary construction superintendent cannot be present at the job site while active work is occurring, an alternate construction superintendent shall act on behalf of the primary construction superintendent in accordance with Section 3301.13.5. (Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.

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