New York State needs OSHA 10-hour construction course

New York is one of seven states that requires workers to complete an OSHA 10-hour construction course to engage in certain public construction projects. The following are the cases covered by the law, the proven methods of completion and the summary of employer requirements. In addition, it also includes contact information for the issue.

Covered project

The specific architectural items covered by the OSHA 10-hour course requirements are as follows:

• Public funding [including federal, state, or local municipalities]
• Project value $250,000.00 or more

Covering employees and timetables

All employees, for any contractor, performing any work on the site are included in the OSHA 10-hour safety training course.

The purpose of the law is for all employees to complete the OSHA 10-hour course before starting work on the project. As a result, new employees in the project do not have a "grace period".

Geographic area covered

All major metropolitan areas, including New York City, Albany, Rochester, Syracuse and Buffalo, as well as all rural areas, meet this requirement as long as the project meets the above-mentioned scale and public works requirements.

Proof of completion

Proof of completion may include but is not limited to:

• OSHA 10-hour card, issued by the Department of Labor
• Training list or training provider's attendance record
• Other documents from certified trainers, such as completion certificates
• Other valid proof

The statement actually stated that "other valid evidence" left some room for completion of the certificate. Workers and employers are encouraged to verify any specific proof of completion required for a particular site, but in all cases, the OSHA accepted provider's certificate of completion is acceptable.

Employer assertion

New York law is very specific, each employee will take the course and get a valid proof of completion, and said that the employer simply stated that everyone has completed the course is not enough. Specifically, "the employer's certification that all employees have completed such a course is not sufficient to justify the completion of the course."

Law enforcement and compliance

Contractors and subcontractors are required to attach a copy of the certificate completing the OSHA 10 course to the first certified payroll submitted to the contracting agency. For new employees, they need to attach a proof of completion to the new employee's first pay slip.

The OSHA 10-hour course requirements are still valid on July 18, 2008.

The New York State Department of Labor's Public Works Bureau handles all issues related to this Charter. Questions about individual situations should be addressed to the department.

Other countries that require an OSHA 10-hour course

Other states with similar requirements include Nevada, Massachusetts, Missouri, New Hampshire, Connecticut, and Rhode Island. The requirements and exemptions for each state are slightly different.

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