Federal court dismisses a suit filed in 2009 by The Steel Institute of New York against the city, arguing that the NYC Department of Building's laws governing cranes were invalid because they were preempted by regulations from the federal Occupational Safety and Health Administration.
The trade group filed the suit in 2009, arguing that the Department of Building's laws governing cranes were invalid because they were preempted by regulations from the federal Occupational Safety and Health Administration. The city argued that laws pertaining to cranes had long been part of the building code and its regulations supported public safety while not conflicting with federal safeguards.
“This decision is the right decision because it means a safer job site—and a safer city—for everyone," said New York City Building Commissioner Robert LiMandri, in a statement. “Local oversight of the crane industry is essential to making sure construction sites are safe for all New Yorkers.”
Mr. LiMandri added that crane inspectors performed more than 4,500 inspections last year, and as a result of new laws, strict enforcement, and more industry cooperation, construction operations are safer than ever before.
Some sources speculated that the lawsuit was triggered by extra safety regulations the city added after two deadly construction accidents involving cranes in 2008. However, the suit didn't single out those regulations.
Brian Wolf, a lawyer representing the Institute, declined to comment on the suit's timing or the decision by the U.S. District Court for the Southern District of New York. The decision can be appealed but Mr. Wolf said he hasn't had a chance to discuss the decision with his client and would do so after the holidays.
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