Yes, a site safety manager, coordinator, or superintendent may be liable for construction accident injuries.
In New York and New Jersey, site safety managers, coordinators, and superintendents are responsible for enforcing safety rules, spotting hazards, and taking steps to prevent injuries. However, when they fail to act on known dangers, their role can shift from protector to potential defendant.
Site Safety Managers on New York and New Jersey Construction Sites
Chapter 33 of the New York City Building Code requires a:
- Certified site safety manager to oversee safety on construction sites of buildings 15 stories and higher
- Certified site safety coordinator to oversee safety on construction sites up to 14 stories
- Registered construction superintendent to oversee safety on construction sites up to nine stories
To be certified as a New York City Site Safety Manager, 1 RCNY § 104-08 requires applicants to:
- Be 18 or older
- Able to read and write in English
- Be of good moral character
- Pass the Department of Buildings exam
- Hold a valid Site Safety Training Supervisor card
- Complete an approved 40-hour Site Safety Training Course within the past 12 months
Additionally, applicants must meet experience or credential requirements, such as three years as a New York State-licensed Professional Engineer or Registered Architect, holding certifications like CSP or CHST, prior SSM coordinator experience, or completion of a registered apprenticeship program, and completion of 18 months of supervised on-the-job training on “major buildings,” including documented work in soil/foundation and structural operations.
Outside of New York City, New York State does not impose a specific state-level licensure or certification for “Site Safety Managers.” Instead, safety oversight on construction sites is governed more broadly by general workplace safety regulations and liability laws, such as
- New York Labor Law 200, which sets general safety obligations and can apply to site safety managers if they exercise supervisory control over the work that caused the injury.
- New York Labor Law §241(6), which imposes duties related to specific safety regulations. If a violation of an Industrial Code provision contributed to the injury, the party with authority over the worksite may be held liable.
In New Jersey, there is no state licensing requirement for site safety managers, but under the Construction Safety Act (N.J. Rev. Stat. § 34:5-168), construction employers must comply with safety regulations, maintain a registered business certificate, and ensure workplace hazard prevention consistent with OSHA standards.
A Site Safety Manager’s Role on a Construction Site
On paper, the site safety manager’s job is simple: enforce safety protocols and ensure the worksite complies with applicable regulations. In practice, it’s a demanding role that includes:
- Identifying hazards. Safety managers are expected to spot unsafe conditions like unstable scaffolds, missing guardrails, or poor housekeeping before they cause harm.
- Enforcing safety protocols. Site safety managers must ensure workers follow OSHA standards, site-specific rules, and owner or contractor requirements.
- Documenting and reporting risks. Many safety managers are required to keep daily logs of safety issues and communicate them to supervisors.
- Stopping unsafe work. When a dangerous situation arises, the safety manager has the authority and responsibility to halt operations until the hazard is corrected.
While these duties make safety managers key players in preventing injuries, they also put them in a position where their inaction could be scrutinized in court.
When a Site Safety Manager May Be Liable for Injuries
New York and New Jersey courts don’t automatically hold a site safety manager responsible just because an accident happened on their watch. Liability often depends on whether they had actual control over the condition that caused the injury.
For example, courts may consider:
- Knowledge of the hazard. Did the safety manager know (or should they have known) about the dangerous condition?
- Authority to act. Did the site manager have the power to correct the hazard or stop the work?
- Failure to respond. Did the site manager fail to take reasonable steps to eliminate the risk once they were aware of it?
Beyond their legal exposure, site safety managers can shape how an injury claim unfolds. Their records, testimony, and incident reports can strengthen or weaken a worker’s case. For example:
- Detailed documentation can establish a timeline of hazards and responses.
- Failure to keep proper records may bolster a negligence argument.
- Testimony about safety meetings and enforcement can sway a jury’s view of responsibility.
For injured workers, understanding the safety manager’s role and whether they acted within their duties can be critical to pursuing compensation.
If you were injured on a construction site in New York or New Jersey, don’t overlook the potential role of the site safety manager in your case. Whether they can be held liable depends on how much authority they had, what they knew, and how they responded to hazards. The experienced New Jersey and New York construction accident lawyers at Hofmann & Schweitzer are here to answer your questions and help you protect your rights.
