More OSHA Needed

Texans Say, "More OSHA Needed"

The article below from The Statesman.com by Juan Castillo makes good points about the lack of enough OSHA inspectors available to investigate incidents on construction job sites, but surely not enough to make Routine, unannounced work site inspections.

While OSHA officials state that ALL of their inspections are unannounced, that is not wholly true. Incident or complaint calls for inspections are not unannounced, but requested by owners or contractors..

As long as OSHA investigates incidents "after the facts," issues a fairly sizable fine, then has an informal review and cuts the fine amounts down to a slight touch on the wrist, they will never get the attention of the guilty companies. If these sizable fines are upheld OSHA could use fine funds to increase the number of inspectors available. In other words, "Let the guilty parties pay for their shortcomings."

Construction safety crackdown not enough, Austin group says

Construction safety crackdown not enough, Austin group says

By Juan Castillo | Tuesday, June 30, 2009, 05:28 PM

An Austin-based workers advocacy group is calling for a permanent increase in the number of federal inspectors who enforce safety standards at construction sites in Texas.

The Workers Defense Project said Monday’s announcement that the Occupational Safety and Health Administration will temporarily increase the number of its inspectors in Texas is “a good first step,” but not enough.

A report released this month by the workers group depicted rampant dangerous conditions in Austin’s commercial and residential construction industry. The study, “Building Austin, Building Injustice,” said that OSHA is ill-equipped to investigate safety violations. It also noted that Texas led the nation with 142 construction-related deaths in 2007.

In announcing the Texas enforcement initiative Monday, the Department of Labor said the state had 67 construction-related deaths in 2008; 33 so far this year.

On June 10, three construction workers died in a scaffolding collapse at a high-rise apartment construction project near the University of Texas. OSHA is investigating.

Citing Department of Labor data, “Building Austin, Building Injustice” said OSHA had a total of 77 inspectors in Texas in 2008, when the state had 10.2 million workers. That represented the fourth worst investigators-to-workforce ratio in the country.

A Department of Labor spokeswoman would not say Monday how many investigators will descend on Texas from other states for the construction industry safety enforcement blitz which begins tomorrow and continues through August. OSHA could decide to increase or repeat the initiative after evaluating results.

“We’re glad to see there is going to be more inspections and hopefully this will prevent a lot of needless deaths,” said Mike Cunningham, executive director of the Texas Building and Construction Trades Council of the AFL-CIO. “Workers should be able to put a day’s work and go home safely every day.”

Workers Defense Project director Cristina Tzintzùn also called for OSHA to conduct more unannounced inspections at construction sites, explaining that workers have said employers often know when inspectors are coming.

A Labor Department spokeswoman, however, said all of OSHA’s inspections at construction sites are unannounced.

Cunningham said that in his 38 years in the business he did not recall OSHA inspecting a site unless it was in response to a death, accident or worker-generated complaint.

Unsecured Lifted Load Fatality

All Lifted Materials MUST Be Secured

The article below from The Observer by Sue Buck notes that a worker was killed by falling roofing materials being lifted by a crane in Ann Arbor.

While Sue's article states that, according to the Police, there was no crime. This may be true as far as the Police are concerned, but in reality, THERE WAS A CRIME COMMITTED.

The laws that were broken pertained to OSHA Regulations. These regulations make statements that all loads lifted must be secured to prevent them from falling. Also, no workers are to be exposed to materials being lifted over their work area. This area should have been cleared of workers within the lift area.

There was absolutely no reason for this incident, not an accident, should have occured. In accordance of the new crane standards, the Operator, Rigger(s) and the Lift Supervisor must be trained and certified in the proper safe methods of making ALL lifts. The apparent lack of this procedure makes no Horse Sense and makes Donkeys out of a situation that should not have happened.

Construction site accident claims life of GC man

By Sue Buck • OBSERVER STAFF WRITER • June 25, 2009

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  • TwitterServices will be held tomorrow for a Garden City man who died Monday of injuries he sustained in an accident at a construction site in Ann Arbor.

The service for Gary Winisky Jr., 48, will be at 1 p.m. at R.G. & G.R. Harris Funeral Home, 31551 Ford. Garden City. Mr. Winisky was struck by roofing material that fell from a crane while he was working at the site of the new C.S. Mott Children's Hospital in Ann Arbor. He died in the emergency room at the university's medical center.

According to Diane Brown, the public information officer for the University of Michigan Police Department, the incident occurred at 9:52 a.m. when a large, heavy load of roofing material fell off a crane and landed on the man. He died at 10:38 a.m.

“He was crushed,” Brown said.

Autopsy results are pending, and there has been a determination that no crime occurred. The incident is being handled as an accident by the police. However, the state OSHA investigation will look into whether or not equipment failed, safety precautions were or weren't followed and whether there was any “fault” for the accident. The report could take several few weeks.

Mr. Winisky worked for Schreiber Roofing in Detroit, a subcontractor of Barton Malow. The person answering the phone at Schreiber said that she wasn't at liberty to make any comments, and the manager did not return a call to the Observer.

Mott Children's Hospital, which is under construction, is the “replacement” hospital for the current facility. It's located on East Medical Center Drive in Ann Arbor and south of University Hospital.

There have been no other accidents at that construction site. However, this is the third construction death on campus in less than two years. A masonry worker fell 38 feet from scaffolding and was killed at the site of Michigan's Museum of Art in February 2008. In August 2008, a man fell five stories down an elevator shaft at the business school.

Visitation for Mr. Winisky is 3-9 p.m. today, June 25. He is survived by his wife, Charlotte, daughters Krystal Marie and Tiffany Ann, granddaughter Destanie Jasmin Salas, father Gary Winisky Sr., siblings Michelle Winisky and Reed Chambers and many nieces and a nephew.

sbuck@hometownlife.com | (734) 953-2014

Aerial Lift Incident Takes Another Life

Aerial Lifts Dangerous

The article below by Kevin O'Neal of the Call Star, addresses the fact that Aerial Work Platforms can be deceivingly dangerous on work sites, especially in rough terrain sites.

How and why did this worker manage to be thrown from the basket of this machine? While these machines can be an excellent means of accessing elevated work locations, the travel movements across rough terrain while the boom is extended can accelerate the motion of the basket if and when the wheels cross a hole or over objects on the ground causing the basked to act like a catapult, thus throwing any occupant in the basket out.

This is the primary cause for injuries and death of workers who are not properly anchored to the anchor points in the basket's framework.

If the worker in this incident was trained in the use of these type machines, the first thing he should have been instructed in should have been how to, where to and why anchoring is critical. Failure to do this just accentuates the use of Donkey Sense.

Another possible cause for this type incident could be found in the type lanyard hooks being used. Some of the very large lanyard hooks similar to ones used by scaffold builders have weak or easy to "roll out" when used in aerial lifts.

Contractors should assure that ALL workers that use this type equipment are properly trained and constant visual observations as to how they are being used.

Convention work stopped until Monday; Labor committee may look at safety concerns

Officials continue to investigate fatal accident; labor committee likely to look at safety issues

By Kevin O'Neal

Posted: June 19, 2009

Work at the Indiana Convention Center construction site Downtown was suspended until Monday as investigators probe a worker's deadly fall from an elevated lift.

"Our hearts go out to the (family of Stanley) Roberts," said John P. Klipsch, director of the Indiana Stadium and Convention Building Authority. "We want to do a good job in investigating the accident."

Investigators have concluded that Roberts' safety harness was not properly attached to the device when it tipped and threw him 50 feet to the ground about 3:20 p.m. Wednesday.

Indiana Department of Labor investigators will try to determine why Roberts' safety gear was not connected. The investigation could take months.

The convention center expansion, on the site of the former RCA Dome, is a $275 million project that will nearly double the facility's size. The expected completion date is late 2010.

Shiel Sexton, the general contractor on the project, has a policy that any worker elevated more than 6 feet must be connected to a harness and safety line to prevent falls, said Sean M. Keefer, deputy commissioner for the Indiana Department of Labor.

The state will look into several aspects of the accident, including the lift's movements when the fall took place.

The lifts, once called cherry pickers, typically have controls on their platforms that let the operator move them while the platform is elevated.

Roberts, 55, worked for Harmon Steel of Indianapolis. He had been trained to operate the lift and had experience in using the device on job sites, Klipsch said.

The Center for Construction Research and Training

reported that an average of 26 construction workers die each year from using aerial lifts.

There were 35 fatal boom lift falls in the U.S. construction industry from 1992 to 1999. Roberts' death renewed concerns about safety regulations for operating boom lifts, tall cranes and other elevated equipment.

Rep. David Niezgodski, D-South Bend, said this accident likely will prompt a further examination from his office of whether changes in state safety regulations are needed.

He said he wants to talk to officials and engineers on the site from the Indiana Occupational Safety and Health Administration.

"We want to ensure that every precaution is being taken and all of the safety standards are being applied," said Niezgodski, chairman of the Indiana House Labor and Employment Committee.

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• Star reporter Vic Ryckaert contributed to this story. Call Star reporter Kevin O'Neal at (317) 444-6304.

Low Fines by OSHA

GOVERNMENT WATCH

The article below was posted in the Parade Magazine on Sunday, June 14, 2009. This article reflects something that I have advocated quite a number of times regarding the "slap on the wrist" fines after announcing a sizable fine for violations, especially related to fatalities.

The reduction of fines at an informal appeal by the violating organization just does not make Horse Sense. For example these reductions from maybe $65,000 may be reduced to $12,000.

New Efforts To Keep Workers Safe

Nearly 40 years after the Occupational Safety and Health Act was enacted to protect workers, organized labor and some members of Congress say the government's regulations are in need of an overhaul.

According to the Bureau of Labor Stastics, some 6,000 Americans are killed annyally in workplace accidents--more than 15 a day--and millions more are injured. But a study conducted by the AFL-CIO, using date from the Occupaitonal Safety and Health Administration (OSHA), found that the average fine for deadly violations is only $11,300. Ped Seminario, the union's director of safety and health, says that under current law, "fish, horses, and wild burros have stronger protections from harm than workers. That's an outrage, and it needs to change."

OSHA's records show that workplace violations increased 6.4%, to 89,000, from 2003 through 2007. Serious violations were up 12%--to67,000--during that same period.

Rp. Lynn Woolsey (D-Calif.) says penalties are "shockingly low," amounting to a "slap on the wrist for killing or injuring a worker." Even in the most egregious cases, employers rarely face criminal prosecution, she adds.

Woolsey, who chairs the House Subcommittee on workforce protections, has introduced legislation that would greatly increase both civil and criminal penalties for vilations of OSHA rules. The maximum fine for willful and repeated violations, including those causing death, would increase from $70,000 to $250,000. Maximum jail time for willful violations that result in death would go from two years to 20 years.

Scaffolding Collapse

SCAFFOLDING FAILURE

Project On Hold

The article below from the American Statesman by Juana Summers and Patrick George notes that three workers were killed in a collapse of scaffolding on a multi-story Condominium project in Texas.

Failure to following applicable standards for the proper set up of scaffolding AND the proper use of these scaffolds by workers while on them on commercial and industrial construction projects have been the cause of numerous fatalities over recent months.

The primary failure cause is the lack of training for the scaffold erectors and in the majority of cases, the lack of proper training of the workers that use them. So many times, the workers see a scaffold that has been erected for them to use, climb up to the work space then make minor alterations to the scaffolds to ease access to specific work spots causing a weakening of the system. Or they may fail to use proper care while working from the scaffold system.

After all, there are some unsafe aspects of most any scaffolding system that these workers have to be familiar with and shown the dangers associated with the system.

I urge ALL contractors to take the proper erection, setup, and continued checks of all scaffolding systems by following the OSHA standards and the scaffolding manufacturers instruction for these systems. This is a plain and simple use of Horse Sense as it pertains to this large part of multi-story construction, both in Commercial and Industrial projects.

Condo project put on hold

Three men killed while after falling from side of West Campus tower.

By Juana Summers, Patrick George
AMERICAN-STATESMAN STAFF
Friday, June 12, 2009

Construction on a high-rise condominium near the University of Texas has been put on hold indefinitely while officials investigate the deaths of three men Wednesday in a scaffolding collapse, the project's developer said.

The federal Occupational Safety and Health Administration and Austin police are investigating the incident.

Gary Perkins, the developer of the 21 Rio project, called the collapse an "unfortunate accident" and offered condolences to the families of the workers who were killed.

"It's so upsetting because we're getting so close to opening the building. Everything has been clicking," he said. "This unfortunate accident takes our breath away."

The project's Web site says the 21-story condo tower was expected to be open this month.

Perkins said that up to 200 people have worked at the site on some days.

Police have not released the workers' names because their families have not been notified, officials said.

Four construction workers were on the scaffold outside the building at 21st and Rio Grande streets when part of it collapsed for unknown reasons about 2:30 p.m. Wednesday, said Harry Evans, a battalion chief with the Fire Department.

Two men in their late 20s fell 11 to 13 stories to the ground, Evans said. They were pronounced dead soon after.

A third man, who was about 40, fell a few stories onto the roof of a seven-story parking garage, Evans said. The man died a few hours later at University Medical Center Brackenridge.

The fourth man did not fall and received only minor injuries, Evans said.

Incident Caused By Human Error!!!!

HUMAN ERROR CAUSED ACCIDENT?!?!?

The following post from BUSINESS FIRST by John R. Karman III, Staff Writer indicates that the incident at Louisville Arena Construction Site was caused by "HUMAN ERROR!"

My first question about this HUMAN ERROR causing a so called ACCIDENT is: "What Incident that causes injury to a person or property is NOT caused by HUMAN ERROR?"

This assessment DOES NOT MAKE HORSE SENSE. In a round about manner it seems that the three workers that were injured may be the ones that are to blame for the incident. My interpretation of this incident should go back to the engineering company responsible for the re-shoring requirements for elevated concrete slabs until the concrete meets it's full strength to stand unsupported. Also, it would ultimately be the responsibility of the Contractor's management personnel to assure that these requirements are met before the removal of adequate shoring, not the laborers on the job.

Monday, May 18, 2009, 1:23pm EDT | Modified: Monday, May 18, 2009, 5:13pm

Investigation points to human error, blames subcontractor for accident at arena site

Business First of Louisville - by John R. Karman III Staff Writer

An accident last month on the construction site of Louisville’s coming downtown arena is being blamed on “human error” by workers associated with Indianapolis-based subcontractor F.A. Wilhelm Construction Co. Inc.

A section of concrete flooring on the arena’s main concourse collapsed in the April 27 incident, injuring three workers.

Two of the three workers were treated for minor injuries and returned to work the next day, according to officials with Minneapolis-based M.A. Mortenson Co., the construction manager for the arena project. The other worker suffered a puncture wound to his arm and has not yet returned.

Mortenson released findings from its investigation of the accident during this morning’s regular monthly meeting of the Louisville Arena Authority Inc. at the Kentucky International Convention Center.

The company hired Suffern, N.Y.-based Geiger Engineers to conduct the investigation. It determined that the collapse occurred because Wilhelm failed to install more than 20 shoring posts to support the concrete section, which is located on the northernmost edge of the project site, near River Road. Other posts were incorrectly installed.

Wilhelm employees on site also failed to detect the error, according to the investigation.

Accident ‘shouldn’t have happened’

John Wood, a Mortenson principal and senior vice president, called the incident “very serious” and “unacceptable.”

It resulted in the first lost-time accident for Mortenson since 2003.

“It could have been prevented,” Wood said. “It shouldn’t have happened.”

Officials with Wilhelm did not attend today’s arena authority meeting.

Guthrie/Mayes Public Relations has been hired to represent the firm in its dealings with the media.

Dan Hartlage, a principal with the company, said Wilhelm officials don’t usually attend the meetings and were not asked to do so this month.

Hartlage said he was unsure if anyone was fired over last month’s incident.

Wilhelm released a statement later in the day, which said that the “safety of our people is the first priority” for any of the company’s projects.

“We take with the utmost seriousness any issue which may involve safety or quality on our projects. … No accident or injury is acceptable on a Wilhelm project, and Wilhelm deeply regrets that this incident occurred,” the statement said.

Authority review found no unsafe conditions

Separate investigations into the accident have been conducted by the state Occupational Safety and Health Administration and by the arena authority.

The OSHA report is expected by the end of the month.

Findings from the arena authority’s investigation were released at today’s meeting. The review was prompted by a WHAS-TV report that included a Wilhelm employee’s assertions that safety was being comprised and complaints ignored at the arena site, according to arena authority chairman Jim Host.

The $238 million, 22,000-seat arena is being built at Second and Main streets. Its primary tenants will be the University of Louisville’s men’s and women’s basketball teams.

The arena authority asked attorneys with its legal counsel, Frost Brown Todd LLC, to look into the allegations, Host said.

OSHA Fines in 15-year-old's death

OSHA Fines Contractor in Youth's Death

See the November 16, 2008 Update to the post regarding the death of a 15-year-old on a site in Georgia.

OSHA Tightens Up

OSHA Beefs Up
More Inspectors - More Enforcement

In the following article from The Las Vegas Sun by Michael Mishak, the Secretary of Labor relates plans to increase accident prevention, inspections and enforcement particularly in the Construction Industry and with the Nevada OSHA.

I have been a proponent of more inspections and more fines to violators to get their attention. I urge the Secretary to expand this enforcement nationwide.

construction safety:

Labor secretary says OSHA to be strengthened

Solis: Hundreds of investigators to be hired to strengthen safety enforcement

Leila Navidi

U.S. Labor Secretary Hilda Solis drinks water after a tour of the kitchens during a tour of the Culinary Training Academy in Las Vegas Thursday, April 23, 2009.

By Michael Mishak

Thu, Apr 23, 2009 (4:48 p.m.)

Labor secretary visit Vegas

Related story

• Bill introduced to stiffen worker protection laws

Sun coverage

• Construction Deaths on the Strip - stories, blogs, photos, video, documents
• Sun wins the Pulitzer Prize (4-21-2009)

Echoing remarks she made earlier this week, U.S. Labor Secretary Hilda Solis said Thursday that her department would strengthen the Occupational Safety and Health Administration by adding hundreds of investigators and spending tens of millions of dollars on enforcement activities.

"We’ll have more people out in the field to make inspections, and we’re going to have to be a lot smarter and strategic on how we do that," Solis said. "We are going to look at industries where you have a high incidence of accidents."

She said OSHA would focus on the construction industry in particular.

Last year the Las Vegas Sun detailed how construction workers had died at a rate of one every six weeks on the Strip. The Sun also reported that state OSHA officials reduced fines and withdrew citations after negotiations with employers over findings of responsibility in the deaths.

Solis spoke briefly with reporters Thursday after touring Nevada Partners and the Culinary Training Academy in North Las Vegas. She said made the trip at the request of Sen. Harry Reid.

The labor secretary said federal OSHA was working with Nevada OSHA to review injuries and fatalities on Strip construction projects.

"There shouldn't be any loss of life. Workers should be able to go to work and go home," she said. "We know there has to be more assistance provided, so our department is ready and willing to do that."

Solis noted that $80 million in federal funds had been allocated for enforcement activities through Fiscal 2010. During her tour of Nevada Partners, she told a class of high school students that the Labor Department hoped to hire between 300 and 400 new investigators. That number could climb as high as 1,000 depending on funding, she said. Unclear is how many of those investigators will be assigned to OSHA.

Solis said her department would pay special attention to Nevada.

"We will work closely with Nevada, because, again, the high incidence of fatalities in the construction area," she said. "If we can learn from things here we can share that with other parts of the country that have similar accidents."

Contractor Fined for Nebraska Deaths

Follow Up on Trench Death Post

The article below is a follow up on an article I posted on September 12, 2008 regarding the death of four construction workers near Verdel, NE titled "Accident Kills Four Construction Workers."

This article was posted by CCH, Aspen Publishers, Technical Answer Group.

As I stated in the September post, it is just plain Donkey Sense for contractors conducting excavation work with not even an obvious attempt in following Horse Sense procedures that are so well spelled out in OSHA regulations. There is just no excuse for the death of one worker much less of 4 workers.

If history fails to repeat itself, after an informal conference with OSHA, the fines will be lowered by about 90% of the $201600 original fine.

SAFETY / OSHA - 04/1/09

OSHA cites John Prouty Construction, Inc., following trench collapse that killed 4 in Verdel, Neb., Sept. 2008

OSHA has cited John Prouty Construction, Inc., of O'Neill, Neb., for alleged violations of the Occupational Safety and Health (OSH) Act following an investigation of a trench collapse near Verdel, Nebraska, that killed four workers, on Sept. 12, 2008.

OSHA's investigation of the excavation company's site found three alleged willful and two alleged serious violations of the OSH Act.

"There is no excuse for this accident and these workers did not need to lose their lives. It is appalling to realize there are companies that would allow, or even require, their employees to enter excavations without having cave-in protection," said Charles Adkins, OSHA's regional administrator in Kansas City, Mo. "It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees to prevent accidents like this from occurring."

The willful violations stem from the company's failure to instruct employees in recognizing and avoiding unsafe conditions when working in a trench and not having a cave-in protection system. Furthermore, excavated spoils, and other equipment, were not kept two feet from the trench edge. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The serious violations stem from the lack of hard hat use by employees where an overhead hazard existed as well as failure to provide safe access into and egress from a trench greater than four feet in depth. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard that an employer knew or should have known about.

OSHA has proposed $201,600 in penalties against the company. John Prouty Construction has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Omaha or contest the findings before the independent Occupational Safety and Health Review Commission.

New Crane Regulations

Federal OSHA or State/Local Crane Regs?

The article below from the Daily News, written by Brian Kates, Daily News Staff Writer, brings out a thing that I have been commenting about for a long time in reference to the pros and cons, and just plain Horse Sense or lack thereof, relating to State and Local governing of Construction Safety across the country.

Since the original OSH Act came into being allowing State and Local writing new Construction Safety regulations in their areas, I have had problems with the fact that these individual regulations may contradict basic OSHA standards.

Different jurisdictions cause confusion in having several different contradicting regulations written by Other Than OSHA regs, not only is confusing to contractors, but can omit many critical practices that can cause unsafe acts by Operators, Riggers and Lift Supervisors trying to operate within the particular areas of work from one jurisdiction to another.

While readers may think the above thoughts are confusing, think about how construction workers feel when trying to figure out what jurisdiction they are working within, especially crane companies that may work in multiple areas and jurisdictions.

Yes, OSHA is a set of BASIC regulations, but when workers have to comply with many differing sets of regulations, Federal and Local, there is the possibly and a high probability of confusing, conflicting jurisdictions of CAUSING unsafe incidents.

As far as Senator Chuck Schumer's blaming the Bush Administration for writing the BADLY NEEDED updating of the crane safety regulations that had not been updated since 1971, this is totally foreign to the facts presented in his statements. How long will it take to get political bickering from the Safety Regulations away from politicins' hands and into the hands of people who are in the field day by day and know what is safe and unsafe on the job? His comments are contrary to safe work practices that he wants to put delays to a good, workable set of standards to keep Construction workers safe on the job. However, I do agree that Federal OSHA should have jurisdiction of the BASIC Safety regs and get every Tom, Dick and Harry group writing their own regs.

Remember that Federal OSHA is a set of BASIC guidelines, I see nothing wrong with State and Local jurisdictions increasing some of the regs pertaining to their work areas. This could cover items such as weather related conditions in the northern areas of the country and with the southern, warmer climates in the southern areas.

Sen. Chuck Schumer rips fed plan for crane safety

BY Brian Kates
DAILY NEWS STAFF WRITER

Thursday, March 19th 2009, 9:54 PM

A proposed federal regulation to bar the city from shutting down dangerous cranes would "effectively gut" construction safety in the city, Sen. Chuck Schumer said Thursday.

Schumer demanded Occupational Safety and Health Administration chief Hilda Solis put an "immediate hold" on the plan.

The regulation would shift oversight of crane installation and approval to OSHA and take away the city Buildings Department's power to issue stop-work orders for unsafe cranes.

Since OSHA has no full-time inspectors in the city, the new rules would essentially deregulate the crane industry, critics argue.

Two crane accidents that claimed nine lives in the city last year "should have been a wake-up call for OSHA," Schumer wrote Solis.

He blamed provisions that "tie the hands" of city enforcers on the Bush administration, which crafted the proposal.

"We look forward to working with the new administration to revise the rules to ensure we don't turn back the clock," wrote Schumer (D-N.Y.).

"I commend Sen. Schumer for his support on this critical issue," city Buildings Commissioner Robert LiMandri said. "This proposed rule would roll back new safety measures that are protecting New Yorkers."

Hearings on the proposal ended in Washington Thursday. OSHA will decide whether to enact the regulation after a 60-day comment period.

bkates@nydailynews.com