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November 2023 Newsletter

What’s New

New York City has enacted Local Law 24 of 2023 to amend the New York City Building Code in relation to signage for automatic doors.  The new law will take effect on January 1, 2024. Please contact our office if we can be of assistance to you or your clients regarding this new regulation.

Recent Projects

  • Structural engineering evaluation of a flooded structure in Morris County, NJ to determine the extent of needed repairs
  • Forensic engineering consulting services associated with an automobile accident at a Rockland County car wash site where a site plan filing had been altered subsequent to municipal approval
  • Forensic engineering consulting services in support of a motion for summary judgment relating to Section §19-152(a)(4) of the Administrative Code of the City of New York regarding a trip and fall accident at a sidewalk in the New York City borough of Queens, N

Supreme Court considers whether Americans with Disabilities Act ‘tester’ can sue hotels for non-compliance with the law

On October 4th CNN reported that “the Supreme Court considered the strength of the Americans with Disabilities Act on Wednesday when it heard arguments in a dispute over whether a self-appointed “tester” of the civil rights law has the right to sue hotels over alleged violations of its provisions… Should the justices decide to resolve the key legal questions at the center of the case, they could issue a ruling that has a significant impact on the practical effectiveness of the landmark legislation, which aims to shield individuals with disabilities from discrimination in public accommodations and a host of other settings… At the center of the dispute is…a disability rights advocate who has sued hundreds of hotels she has no intention of staying at, alleging they are not in compliance with ADA rules requiring hotels to disclose information about how accessible they are to individuals with disabilities”.

Andrew R. Yarmus, P.E., F.NSPE, 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 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 EngineerState 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 conducting these inspections to ensure compliance with this new regulation.

A Fall Prevention and Protection Paradigm Shift

On October 16th The American Society of Safety Professional’s ASSP Weekly reported that “it is time to establish new thinking around the planning and execution of work at height. In the U.S. today, two protection methods lie at opposite ends of the control spectrum with too wide a chasm between them. At one end of the spectrum, the preferred method is to eliminate or engineer out the hazards during the design and construction phases to the extent that they simply do not exist or are dramatically reduced. At the other end, harness-based controls occupy a virtually unchallenged role in attempting to protect workers against the outcomes of fall incidents. The phrase “The worker wasn’t wearing fall protection” assumes too much about the effectiveness of PPE controls for work at height exposures… Safety professionals are in a unique position to lead the conversation toward a paradigm shift, especially for those who only associate fall protection with PPE. Two fundamental changes can drastically improve safety for work at height. First, organizations should focus on methods to control fall hazard risk without the use of harness-based systems. Second, when these systems are the only feasible option, organizations must provide for more comprehensive application of these tools”.

Andrew R. Yarmus, P.E., F.NSPE, 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 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 EngineerState 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 matters.

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