Part 23 Protection in Construction, Demolition and Excavation Operations

Power-driven machines not specifically considered in this Part (rule) shall be guarded in accordance with the requirements of Industrial Code Part (Rule No.) 19 relating to “Guarding of Dangerous Machinery, Vats and Pans.” All keys, set screws, bolts and similar projections on sh…

None of the provisions of this section shall apply to or in connection with operations conducted by employers, owners, contractors and their agents subject to the jurisdiction of the Public Service Commission. (1) Precautions. All power lines and power facilities around or near c…

(1) The use of an open salamander, coke burner or other device or receptacle of any kind in which charcoal, coal or any other fuel or combustible substance is burned for any purpose is prohibited in any enclosed area of any building or other structure unless sufficient ventilatio…

Whenever required by this Part (rule), a safety railing shall consist as a minimum of an assembly constructed as follows: (a) A two inch by four inch horizontal wooden hand rail, not less than 36 inches nor more than 42 inches above the walking level, securely supported by two in…

Safety belts, harnesses and all special devices for attachment to hanging lifelines shall be approved. Every approved safety belt or harness provided or furnished to an employee for his personal safety shall be used by such employee in the performance of his work whenever require…

Any life net used in construction or demolition operations shall be approved. Approved life nets shall be made of first grade fibre cordage, woven fabric or synthetic fibre and all such materials shall be treated to render them fire resistant; or such approved life nets shall be …

A sidewalk shed constructed in accordance with the provisions of this section shall be required along any sidewalk or thoroughfare where the following conditions persist: (1) Where any building or other structure exceeding 40 feet in height above and alongside of such sidewalk or…

Catch platforms shall not be used as working platforms, walkways or for the storage of material. Catch platforms where required by this Part (rule) shall comply with the following: (1) Every catch platform shall be at least five feet wide and so inclined that the outer edge is si…

The board finds that the trades and occupations of persons employed in construction, demolition and excavation operations involve such elements of danger to the lives, health and safety of such persons and of persons lawfully frequenting the areas of such activities as to require…

Wooden or metal chutes used for the removal of material and debris from elevated levels of a building or other structure and which are at an angle of more than 45 degrees from the horizontal shall be entirely enclosed on all sides and the top, except for openings used for the rec…

Any metal or fiberglass ladder which is 10 feet or more in length shall be approved. Any other ladder not named or described in this Part (rule) shall not be used unless approved. (1) Strength. Every ladder shall be capable of sustaining without breakage, dislodgment or loosening…

This section does not apply to ramps constructed of earth, gravel, stone or similar embankment material. (1) All runways and ramps shall be substantially constructed and securely braced and supported. Runways and ramps constructed for use by motor trucks or heavier vehicles shall…

Earth ramps and runways shall be constructed of suitable soil, gravel, stone or similar embankment material. Such material shall be placed in layers not exceeding three feet in depth and each such layer shall be properly compacted except where an earth ramp or runway consists of …

(1) Roofing brackets. (i) Required use. Roofing brackets shall be used whenever work is to be performed on any roof having a slope steeper than one in four inches unless crawling boards or approved safety belts are used in compliance with this Part (rule). (ii) Roofing bracket co…

(1) Cylinder storage. Compressed gas cylinders not in use shall be stored in an upright position remote from open flames, radiators and other sources of heat, buildings or other structures and from any combustible material and shall be protected from the sun and high temperatures…

All hot riveting, welding, flame cleaning and flame cutting of structural steel or other metal which has been coated with any compound containing lead or with any other substance which may create toxic fumes when heated shall be performed in the following manner. Where such hot r…

The rated capacity of every jack in pounds or tons shall be legibly marked in a conspicuous location on the jack by casting, stamping, etching or other suitable permanent means. Such marking shall not affect the structural integrity of any jack. Every jack shall be provided with …

Hand-propelled vehicles shall be maintained in good repair. Hand-propelled vehicles having damaged handles or any loose parts shall not be used. Wheels of hand-propelled vehicles shall be maintained free-running and well secured to the frames of the vehicles. Buggy handles shall …

(a) Whenever any construction, demolition or excavation work is being performed over, on or in close proximity to a street, road, highway or any other location where public vehicular traffic may be hazardous to the persons performing such work, such work area shall be so fenced o…

This Part (rule) applies to persons employed in construction, demolition and excavation operations, to their employers and to the owners, contractors and their agents obligated by the Labor Law to provide such persons with safe working conditions and safe places to work. This Par…

Illumination sufficient for safe working conditions shall be provided wherever persons are required to work or pass in construction, demolition and excavation operations, but in no case shall such illumination be less than 10 foot candles in any area where persons are required to…

Application may be made to the board for the approval of any device, apparatus, material, equipment or method which may be used in compliance with the intent of this Part (rule) and approval by the board shall be deemed to authorize such use.

Where noncompliance with a provision of this Part (rule) causes or tends to cause imminent danger to a person employed in construction, demolition or excavation work and written notice thereof is given by the commissioner to the appropriate employer, owner, contractor or his agen…

[Additional statutory authority: Labor Law, §§ 200, 241, 241-a, 242] Pursuant to section 241(8) of the Labor Law, this section does not apply to any city in the State of New York having a population of one million or more persons. (1) Reasonable and adequate protection and safety…

If any provision of this Part (rule) or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Part (rule) which can be given effect without the invalid provisions or applications and to thi…

As used in this Part (rule), such general terms as adequate, effective, equal, equivalent, firm, necessary, proper, safe, secure, substantial, sufficient, suitable and other similar terms when used to describe materials, devices, structures, methods and procedures required by thi…

These general provisions shall not be construed or applied in contravention of any specific provisions of this Part (rule). All places where employees are suffered or permitted to perform work of any kind in construction, demolition or excavation operations shall be so constructe…

Every employee shall observe all the provisions of this Part (rule) which directly concern or affect his conduct. He shall use the safety devices provided for his personal protection and he shall not tamper with or render ineffective any safety device, safeguard or personal prote…

(1) Every place where persons are required to work or pass that is normally exposed to falling material or objects shall be provided with suitable overhead protection. Such overhead protection shall consist of tightly laid sound planks at least two inches thick full size, tightly…

Approved eye protection equipment suitable for the hazard involved shall be provided for and shall be used by all persons while employed in welding, burning or cutting operations or in chipping, cutting or grinding any material from which particles may fly, or while engaged in an…

There shall be provided in readily accessible locations on every construction, demolition or excavation job site a supply of clean, pure and cool drinking water. Such drinking water shall be running water or furnished in clean, covered receptacles. The use of common drinking cups…

No employer shall require any person to work in an atmosphere containing exhaust gases in a concentration tending to injure health.

An atmosphere in which exhaust gases are visible or create irritating or nauseous fumes shall be presumed to contain such gases in a concentration tending to injure health. No contrary presumption shall obtain by reason of the absence of such visibility or of such fumes.

All internal combustion engines and their accessories shall, as far as is practicable, be kept in such repair and adjustment as to create no gases other than those incidental to normal operation. Gaskets, manifold, mufflers, exhaust piping and all connections shall be maintained …

No stationary internal combustion engine shall be operated under any conditions which allow introduction of its exhaust gases into any occupied enclosed space. The operation of other internal combusion engines within such a space is prohibited except for the necessary entrance an…

The exhaust piping of each internal combustion engine shall be so installed as to discharge exhaust gases away from the operator and any other pesrons working or passing nearby.

(a) Every motor truck used for the transportation of ready mixed concrete or other material, which requires the continuous operation of any engine attached to such truck during loading and unloading, shall be equipped with exhaust piping to discharge above the truck all exhaust g…

Exhaust gases from internal combustion engines shall be discharged into the atmosphere in accordance with the rules and regulations of appropriate jurisdictional authorities concerned with environmental conditions.

(1) All building materials shall be stored in a safe and orderly manner. Material piles shall be stable under all conditions and so located that they do not obstruct any passageway, walkway, stairway or other thoroughfare. (2) Material and equipment shall not be stored upon any f…

Forms, shores and reshores shall be structurally safe and shall be properly braced or tied together so as to maintain position and shape. Designated persons shall continuously inspect the stability of all forms, shores and reshores including all braces and other supports during t…

(1) During the final placing of structural steel members, loads shall not be released from hoisting ropes until such members are securely fastened in place. Structural steel members shall not be forced into place by hoisting machines while any person is so located that he may be …

The permanent floors of such buildings or other structures shall be installed as soon as possible as the erection of structural steel members progresses. In no case shall there be more than eight stories, floors or equivalent levels or 120 feet, whichever is less, between the ere…

Persons required to perform work in or at shafts, other than elevator shafts, shall be provided with the following protection: (1) Protection from falling material. A tight covering consisting of planks at least two inches thick full size, exterior grade plywood at least three-qu…

(a) During the construction of exterior masonry walls of any building or other structure, except chimneys, from a floor or scaffold inside the building or other structure and such floor or scaffold is more than 35 feet above the adjoining ground or equivalent surface, there shall…

During the construction of any reinforced concrete building or other structure, at least one stairway shall be installed which shall extend to a level not more than four floors or 60 feet, whichever is less, below the uppermost working floor or level. During the construction of o…

As used in this section, a confined space means a room, a portion of a room or an enclosure having no means of natural ventilation other than one entrance opening and which room, portion of a room or enclosure is of such dimensions that a painter is required to work inside such r…

Any method of demolition of any building or other structure not named or described in this Subpart shall not be used unless granted a special approval.