The New York Foundation for Fair Contracting

STRONGLY SUPPORTS S5868A(HARCKHAM) | A7491(Bronson)

“An act to amend the environmental conservation law, in relation to imposing certain brownfield remediation site work requirements to be eligible for the tangible property tax credit associated with brownfield redevelopment.”

Legislation to require prevailing wage standards for brownfield remediation site work is a commonsense solution to promote family-sustaining wages, a skilled workforce,and safe jobsites.

Safe jobsites are of particular concern on brownfield remediation projects where the Occupational Safety and Health Administration (OSHA) recognizes the additional chemical exposure hazards faced by clean-up workers. OSHA identifies that excavation of “environmentally contaminated material for treatment or disposal … will usually result in the highest chemical exposure to employees, and require the most physical activity, equipment, and planning.”[1]

New York State’s existing Labor Law Section 220 public work prevailing wage standards promote safe construction job sites. Prevailing wages have been shown to translate to fewer workplace accidents and injuries, while construction work lacking wage standards features higher rates of occupational injury.[2]

Academic literature indicates that prevailing wage standards correspond with overall safer job sites.[3] By attracting companies that invest in their workforce (through honest wages, proper training, and jobsite safety practices) and disincentivizing firms which cut corners as a business model (be it wages or worker safety), prevailing wages can help ensure quality brownfield remediation work.

For all these reasons, the New York Foundation for Fair Contracting STRONGLY SUPPORTSS5868A/A7491, legislation to make lucrative property tax credits for brownfield remediation conditional on the payment of prevailing wages.

The NYFFC is a not-for-profit organization established to “level the playing field” in the construction industry for the benefit of workers, taxpayers, and responsible contractors.

If you have any questions, please contact Brandon Montanye at bmontanye@nyfaircontracting.org.

[1]https://www.osha.gov/brownfields/brownfields-qna

[2]https://faircontracting.org/wp-content/uploads/2019/01/The-Effect-of-Prevailing-Wage-Law-Repeals-and-Enactments-on-Injuries-and-Disabilities-in-the-Construction-Industry_Jan-2019.pdf

[3]https://www.taylorfrancis.com/chapters/mono/10.4324/9781315240107-14/prevailing-wage-laws-injury-rates-construction-peter-philips-hamid-azari-rad

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