Sanchez asks about jurisdiction gaps raised by 578 Cozine Avenue
Sanchez describes the 2018 injury at 578 Cozine Avenue where an oath hearing officer dismissed DOB summonses for lack of jurisdiction because DEP had authority, and asks how common such jurisdictional changes are; Shamash explains the DEP-DOB abatement workflow and joint worker safety plan review, and Tigani notes OSHA's ongoing federal oversight role.
So turning to the unfortunate tragedy at 578 Cozine Avenue in Brooklyn, where a...
Worker was seriously injured in 2018.
This was a situation where DOB cited the property owner and the asbestos contractor working at the site for failing to save
the workers, an oath hearing officer then dismissed the summons because DOB didn't have jurisdiction over the site when the incident happened, DEP had jurisdiction.
So just looking at 578 Cozine Avenue as an example, are these sort of changes in jurisdiction on job sites?
common?
Have you been able to identify gaps in enforcement?
Because I understand, we understand that at 578 Cozine Avenue, there was no agency that held that work site accountable because of the jurisdictional issues between the agencies.
We can look into the specifics related to this address.
The normal flow between DEP and DOB is the abatement work needs to be permitted first and completed, and then the ACP-5 or the ACP-2021 submitted to the department
before we issue a permit for the work associated.
With our work.
So that is generally the time, the flow of how the work occurs.
There is an overlap between the work that DEP does and DOB does on certain jobs and depending on
On those jobs, what's known as an A-True filing or a worker safety plan has to be submitted, and both DEP and DOB review those worker safety plans
specifically associated for when abatement work needs to happen.
The only thing I'll add here is that in all cases,
Because of the federal role here, OSHA continues to have oversight, and we work closely with OSHA either in information capacity, coordination capacity, so
where OSHA is involved, and we can...
of assistance when these incidents happen.
We do that as well.
Yeah.