July 2025 Newsletter

Contractors back New York’s Scaffold Law update

On June 26th Construction Dive reported that “A bill from U.S. Rep. Nick Langworthy, R-N.Y., to exempt federally funded projects from New York state state’s Scaffold Law has a realistic path forward, most likely as part of a broader legislative package such as the upcoming federal surface transportation bill, said Mike Elmendorf, president and CEO of the Associated General Contractors of New York State…The bill could reduce liability insurance premiums by over 30% for contractors operating in the state, according to Elmendorf, where builders say absolute liability rules have inflated project costs…The proposal comes as Congress begins work on the next surface transportation reauthorization, which will replace the Infrastructure Investment and Jobs Act when it expires in 2026…New York’s Scaffold Law, a safeguard for high-risk construction work, imposes absolute liability on property owners and contractors for gravity-related injuries, regardless of a worker’s negligence. A shift to a comparative negligence standard, where fault is divided between parties, would give contractors more legal protection but would make it harder for injured workers to recover full damages…The proposed legislation could significantly lower the cost of public infrastructure construction in New York, according to the AGC”.

Yarmus Engineering, P.C. makes it a priority to remain aware and knowledgeable of potential pending construction industry legislation, building codes, and industry standards updates, as well as other similar regulatory changes, so that we can inform our clientele of regulations which might affect their properties and projects. Firm President, Andrew R. Yarmus, P.E., F.NSPE, maintains his certification as a NYS Code Enforcement Official to ensure same. Mr. Yarmus, as an OSHA certified Forensic Engineering consultant, and as a Past Chair of the National Society of Professional Engineers PE’s in Construction Interest Group, has also helped to facilitate discussions between Professional Engineers across the country on important matters such as safety in both industry and construction. As a licensed Professional Engineer, State Certified Code Enforcement Official, and OSHA certified professional, Mr. Yarmus is credentialed to consult on site safety and incident investigation matters. Yarmus Engineering, P.C. is available to consult with business owners, operations managers, property managers, real estate developers, builders, attorneys, contractors, insurance professionals, adjusters, and other related parties regarding site safety issues. Please contact our office if we can be of assistance to you or your clients regarding such code development related matters.

Trump’s EPA to “reconsider” ban on cancer-causing asbestos

On June 17th Ars Technica reported “Despite touting ambitious goals of making America healthier, the Trump administration on Monday revealed in court documents that it is backpedaling on a ban on cancer-causing asbestos…Last year, under the Biden administration, the Environmental Protection Agency took a long-awaited step to ban the last type of asbestos still used in the US—chrysotile asbestos, aka “white asbestos.” While use of chrysotile asbestos was on the decline, the dangerous mineral has lingered in various gaskets, brake blocks, aftermarket automotive brakes and linings, other vehicle friction products, and some diaphragms used to make sodium hydroxide and chlorine…With the ban, the US joined over 50 other countries around the world that had already banned its use due to health risks. Generally, asbestos is known to cause lung cancer, mesothelioma, ovarian cancer, and laryngeal cancer. Asbestos exposure is linked to more than 40,000 deaths in the US alone each year, the EPA noted at the time…While the move was decades in the making and hailed by health proponents, it still allowed companies a generous period to phase out use of asbestos—in some cases up to 12 years. That didn’t stop industry from taking legal action against the regulation shortly after the EPA’s announcement. The litigation, brought by a number of companies and trade groups, including the American Chemistry Council, has been ongoing since then…On Monday, the EPA, now under the Trump administration, filed court documents saying that it “now intends to reconsider the [ban],”and it “expects that this process, including any regulatory changes, will take approximately 30 months.” The EPA asked the court to suspend the court case in the meantime. The filing included a declaration in support of the reconsiderations from new EPA Deputy Assistant Administrator of the Office of Chemical Safety and Pollution Prevention Lynn Ann Dekleva, who until last year worked as a lobbyist and director for the American Chemistry Council”. 

Yarmus Engineering, P.C. is available to provide inspection and consulting services with regards to matters involving asbestos and other similar hazardous materials. Our firm president, Andrew R. Yarmus, P.E., F.NSPE is a Registered Professional Industrial Hygienist, a licensed Asbestos Inspector and Project Designer, and a Certified Environmental Inspector. Please contact our office if we can be of assistance to you or your clients regarding such site safety related matters.