Monday, December 20, 2021

City Unveils Roadmap to Prevent Injuries and Fatalities Caused by Commercial Garbage Trucks

 

New Report Outlines Steps to Improve Safety

 NYC Department of Citywide Administrative Services (DCAS) Acting Commissioner Dawn M. Pinnock and NYC Business Integrity Commission (BIC) Commissioner Noah Genel today announced the release of a new roadmap to prevent injuries and fatalities caused by commercial garbage trucks. The report, titled Safe Fleet Transition Plan: Private Vehicle Crashes and Vehicle Safety Technology, focuses on ways to improve the safety of commercial garbage trucks through modified vehicle design.

Commercial garbage trucks were involved in at least 43 fatalities and 107 injuries in New York City from January 2010 through May 2019, the period examined in this report. The report examined the root causes of these crashes and identified steps to address the problem.

“Commercial garbage trucks pose unique dangers in an urban environment, but there are clear steps that can be taken to make them safer,” said Dawn M. Pinnock, Acting Commissioner of the NYC Department of Citywide Administrative Services. “Enhanced vehicle design and added safety features can improve driver visibility and help operators navigate crowded city streets.”

“Improving traffic safety in the commercial waste hauling industry is an important goal of BIC’s, and the guidance provided by this preliminary report has been crucial in furthering that goal,” said Noah D. Genel, Commissioner and Chair of the New York City Business Integrity Commission. “This past summer, BIC issued new rules relating to traffic safety. Enforcement of those regulations, together with further educating the industry and working with our numerous partners on future efforts will help continue to make our City’s streets safer.”

Collisions involving commercial garbage trucks are on the rise nationally and there are heightened risks in urban environments. These large vehicles often have limited driver visibility and are more difficult to operate than other vehicles. To address the problem locally, the report, part of Mayor Bill de Blasio’s Vision Zero initiative, offers four core recommendations:

  • Changing the design of truck cabs. Conventional truck cabs have limited visibility that increases the risk of collisions involving injuries or fatalities. Large trucks with conventionally designed cabs can have a frontal obstructed view of 20 feet or more. Since 2010, all fatal collisions in New York City involving a commercial garbage truck that was stopped and then put into drive, involved a cab with a conventional design. In 2017, the City of New York released its Safe Fleet Transition Plan for government trucks, which called for high vision truck cabs when available. This report reinforces the need for this design change for commercial garbage trucks. One way DCAS plans to put this finding into practice is through using the Volpe-developed VIEW Blind Zone app and database, which can help fleets buy the safest available vehicles.

  • Installing side guards. Side guards are barriers installed on the side of trucks to prevent vehicles, pedestrians, and cyclists from sliding under the truck during a side-impact collision. Side guards can result in a 40% reduction in fatalities compared to trucks without this technology. Under Local Law 56 of 2015, the City of New York began to install truck side guards on all City-owned trucks. The law also required all trade waste trucks with a gross vehicle weight rating over 11,000 pounds be fitted with side guards by 2024. In October 2021, the city council passed legislation that moves this deadline up by one year to 2023. The new law requires truck side guards for any trucks used under a City contract valued at $2 million or more, starting with new contracts signed on or after January 1, 2023. The City will provide information sessions about truck side guards to contractors and other interested parties throughout 2022.

  • Investing in vehicle technology. Technologies like surround cameras, safety lights, automatic braking systems, and additional mirrors can reduce fatalities and injuries. These and other technologies adopted as part of the City of New York’s Safe Fleet Transition Plan for City fleet vehicles can also improve safety for private garbage trucks. DCAS is in the process of installing 1,500 surround cameras on City trucks. The Volpe Center, DCAS, and BIC will continue to work together on developing best practices for retrofitting technology onto commercial garbage trucks. BIC rules now also require certain commercial garbage trucks with conventional cabs to install a mirror to reduce the blind spot in the front of the truck, among other requirements.

  • Addressing visual impairments. Certain vehicle retrofitting devices, like bug deflectors, can increase visual impairment and pose an unnecessary safety risk.

“As part of Vision Zero, the City launched a Safe Fleet Transition Plan in 2017 to ensure that our fleet units were designed and specified for safety,” said Keith Kerman, DCAS Deputy Commissioner for Fleet Management and NYC Chief Fleet Officer. “We have implemented over 65,000 safety improvements so far. The City Safe Fleet Transition Plan can now help serve as a model and roadmap for safety enhancements for commercial waste trucks and other private fleets.”  

“The U.S. DOT Volpe Center is proud to provide technical expertise to the New York City Department of Citywide Administrative Services and Business Integrity Commission,” said Dr. Alexander Epstein, US DOT Volpe Center. “In addition to safer vehicle operators and roadways, safer vehicles can reduce the number of fatalities and injuries in the BIC-regulated fleets. Our initial analysis has led to a number of best practices that can be implemented, and we look forward to continuing to partner on fleet safety for Vision Zero.”

"Studying the causes of collisions is an important aspect of running a safe, responsible business,” said Noah Budnick, Interim Executive Director of Together for Safer Roads. “Safety requires a commitment to excellence and continuous improvement. What BIC and NYC Fleet are recommending as safety measures such as high visibility vehicles and side guards makes a lot of sense and can save lives. We applaud them and the entire industry for making this a priority."

The report was developed through the joint efforts of DCAS, BIC, and the U.S. Department of Transportation’s John A. Volpe National Transportation Systems Center (Volpe Center). This report is also the first to be issued in conjunction with Mayoral Executive Order 53, which directs DCAS to promote fleet safety and sustainability across private fleets through a Fleets of the Future initiative.

Using the findings of this report, BIC created new safety rules for the trade waste industry that are now in effect. The rules include new requirements such as crossover mirrors for trucks with conventional cab designs, bi-annual truck inspections, annual safety training, and record-keeping requirements. In addition, BIC will use the findings of the report when considering additional rulemaking on traffic safety. DCAS will also partner with the trade waste industry to push manufacturers of garbage trucks to offer high vision truck options as standard features. DCAS has rolled out side guards, surround view cameras, and telematics in its own fleet and is working with BIC to implement the side guard requirements of Local Law 108 of 2021 for the trade waste industry and some City-contracted fleets.

About DCAS

The Department of Citywide Administrative Services (DCAS) provides effective shared services to support the operations of New York City government. Its commitment to equity, effectiveness, and sustainability guides its work with City agencies on recruiting, hiring, and training employees; providing facilities management for 56 public buildings; acquiring, selling, and leasing City property; purchasing more than $1 billion in supplies and equipment each year; and implementing conservation and safety programs throughout the City's facilities and vehicle fleet.

California Man Sentenced To 3 Years In Prison For Making Threats Against Political Officials And Journalists Relating To The Outcome Of The 2020 Presidential Election

 

Federal Toy Gun Regulations Have Remained Unchanged for Decades Threatening Youth

 New York Attorney General Letitia James today continued her fight to promote gun safety and reform gun regulations by urging the Biden-Harris Administration to increase safety standards for realistic toy firearms. In a letter to U.S. Secretary of Commerce Gina Raimondo and Alexander Hoehn-Saric, chair of the Consumer Product Safety Commission, Attorney General James calls for new, strong, coherent federal regulations mandating distinct visual differences between toy guns, BB/pellet guns, and lethal firearms.

“As families conclude their holiday shopping and some purchase toy guys for their children, the last thing we want is for a Christmas gift to turn into a Christmas nightmare,” said Attorney General James. “When toy guns are indistinguishable from actual firearms, the consequences can, and have been, deadly. We must take action to protect our children and our communities. In my nearly three years as attorney general, I have consistently seen the tragic consequences of split-second decisions when the authenticity of a gun is in question. There should be no opportunity for confusion when individuals’ lives are on the line. We must put people above profit and ensure our police, crime victims, and children can clearly and easily distinguish fake guns from real ones.”

In her letter, Attorney General James makes clear that existing regulations — essentially unchanged for decades — have proven inadequate to protect the health and welfare of Americans. As it currently stands, toy guns must have only one of the following indicators:

  1. Have a permanently affixed blaze orange plug inserted in the firearm’s barrel,
  2. Have a similar marking on the exterior of the barrel,
  3. Be constructed entirely of transparent or translucent materials, or
  4. Be covered in certain bright colors. 

All four of these indicators together still make toy guns hard to tell from real ones, but the Office of the Attorney General has found that the required “blaze orange plug” is even regularly removed or camouflaged. Additionally, even when untampered with, research has shown that an orange tip is all-but-useless in split-second, high-stress situations. 

Furthermore, the appearance of non-powder guns remains wholly outside the scope of formal federal regulation. As it stands, the possession of realistic, non-powder guns can have dire consequences. At least 249 people have been killed by police while in possession of a toy or non-powder gun since 2015. Just last month, another New Yorker, not yet included in the database, was killed by police while in possession of a BB gun.

Attorney General James also expressed concern about fake guns being used to commit real crimes, citing a study that found that police recover thousands of fake crime guns every year, including in approximately 15 percent of all robberies. Fake guns are commonly available and less expensive than authentic firearms and can be bought legally without a background check or federal record of the transaction, even by individuals who are barred from legally purchasing firearms.

Strengthening realistic toy gun regulations would protect adults and children, the latter group of which, according to a 2018 study, generally cannot distinguish a real gun from a realistic toy gun, even following careful visual examination.

Today’s letter emphasized the importance of federal regulations and re-established Attorney General James’ commitment to advocating for gun safety reform through both state and federal regulations. Attorney General James also applauded the Biden-Harris Administration’s commitment to gun safety, writing, “From the outset, this administration has demonstrated a clear and consistent willingness to use the levers of its regulatory authority to protect consumers and to take on our gun violence epidemic. I believe this issue — which sits at a critical intersection between those two key priorities — deserves to be part of that ambitious agenda.”

Today’s letter is just the latest action Attorney General James has taken to support gun safety measures. Just last week, Attorney General James vowed to defend a New York state law passed earlier this year that restores the ability of the state and localities to bring civil liability actions against firearm manufacturers and sellers for their own bad conduct.

Last month, Attorney General James defended New York state’s gun licensing protection law at the U.S. Supreme Court against a lawsuit in the case New York State Rifle & Pistol Association v. Bruen

THE NEW BXCC - Bronx Business News You Can Use

 

Legislative Updates, New Grants, Events and Much More
Please click View/Allow Images so you don't miss a thing!
The Friday Extra 12/17/21
This week's Friday Extra comes from Darry Saldana & Lisa Sorin.

Topics are:
  1. Small Business Resource Network
  2. COVID Resilience Grant
  3. Key to NYC extension
What You Should Know
IMPORTANT NOTICE: PPP Forgiveness
If you received a PPP you are required to apply for forgiveness. There is a 5-minute application that has to be completed in order to have this money completely forgiven, otherwise it becomes a loan in which the SBA and IRS will require to be repaid. We urge everyone who received a PPP loan to apply for forgiveness to avoid having to repay whatever money they received.


Guidance Issued for Mayor de Blasio's Expanded Vaccine Mandate
Starting December 27, Mayor Bill de Blasio is expanding the vaccine mandate to include private businesses. Earlier today, the City has finally shared the guidance regarding the expanded mandate. The full details can be found herebut here are some highlights:

  • Beginning December 27, workers in New York City who perform in-person work or interact with the public in the course of business must show proof they have received at least one dose of a COVID-19 vaccine. Workers will then have 45 days to show proof of their second dose (for Pfizer or Moderna vaccines).
  • Businesses may not allow any unvaccinated workers to come to their workplace. A workplace is considered any location — including a vehicle — where you work in the presence of at least one other person.
  • Businesses must verify and keep a record of each worker’s proof of vaccination by December 27. There are three potential methods to accomplish this, all of which can be found here. 
  • By December 27, businesses must complete a certificate affirming they are in compliance with this requirement and post it in a public place.



Information Related to Governor Hochul's Mask and Vaccine Protocols
The Governor’s office has released useful information as it relates to implementing the new statewide mask and vaccine requirements. 

Specifically:
  • FAQs regarding the new requirements can be accessed Here
  • Mask and Vaccine Posters for businesses are available Here and Here
  • The NYS Health Commissioner's Determination can be found Here

The measures are effective until Jan. 15, 2022 at which time the State will re-evaluate the data and assess appropriate next steps. The Governor’s full press release also includes information on vaccines and boosters as well as the Excelsior Pass.  
 Grants of up to $50,000 now available for small businesses in New York State 
The New York State COVID-19 Pandemic Small Business Recovery Grant is administered by Empire State Development (ESD) and powered by Lendistry. The $800 million program was created to provide flexible grant assistance to currently viable small businesses, micro-businesses and for-profit independent arts and cultural organizations in the State of New York who have experienced economic hardship due to the COVID-19 pandemic. 

Who is Eligible? 
Small businesses, micro-businesses and for-profit independent arts and cultural organizations with fewer than 100 employees that are currently viable and have begun operation on or before March 1, 2019, and continue to be in operation as of the date of application (may be shuttered due to Covid-19 restrictions). 
Small businesses and micro-businesses must: 
  • Have 2019 or 2020 Gross Receipts of between $25,000 and $2,500,000 per annum as reflected on Applicant’s filed federal tax returns; 
  • Demonstrate positive net profit on 2019 Business Return ($1 or greater); and, 
  • Demonstrate at least a twenty-five (25%) loss in annual gross receipts in a year-to-year revenue comparison as of December 31, 2020, to the same period in 2019, in each case, as reflected on Applicant’s 2019 and 2020 filed federal tax returns, including any 2020 Pandemic Unemployment Assistance, Federal Pandemic Unemployment Compensation and/or Lost Wage Assistance Programs as verified by NYS Department of Labor. 
  • Grants must be used for Covid-19 related expenses incurred between March 1, 2020 and April 1, 2021.
Please visit www.nysmallbusinessrecovery.com for more information or to apply. For language assistance, guidance on eligibility requirements or any additional questions, please contact the program's call center at 1-877-721-0097. APPLICATIONS DUE BY JANUARY 6,2022


FYI: Payments on Vaccine Mandate for Human Service Contracts
The City has announced that eligible vaccine-related expenses ($500 vaccine incentive for employees and up to 4 hours of paid leave to employees to accompany their children, 5 to 11 years old, to each COVID-19 vaccination) can be reimbursed on DYCD contracts for DYCD funded contracted staff. If you have made these expenses, below is the process to ensure you are reimbursed:

  1. When you have identified the applicable staff, please mod the amount needed to the incentive line in your budget and submit the “Budget Modification Justification Form” detailing the number of staff who received the $500 vaccine mandate incentive and the staff whose hours will be charged for up to 4 hours. The “Budget Modification Justification Form” can be found here.
  2. For reimbursement, please submit a separate invoice for funds on the indirect line labeled “vaccine mandate” and attach the enclosed DYCD provider attestation form with the requested information.
  3. For audit purposes, we strongly recommend that staff hours charged are reflected in your organization’s timesheets and payroll records. Additionally, there should be record-keeping of all staff who were given a gift card.
As we are in the second quarter of the fiscal year and all funds have not been exhausted, any requests for additional funds can be submitted to your program manager in April. Upon review, DYCD will add the supplemental funds.
If you have any questions, please send them to cafdhelp@dycd.nyc.gov


Business Spotlight
CRAB DU JOUR CELEBRATES PELHAM MANOR LOCATION
Crab Du Jour Cajun Seafood Boil & Bar is thrilled to announce its long-awaited grand opening celebration in Pelham Manor, NY. The restaurant is located at 810 Pelham Parkway in Pelham Manor with a lease that was signed pre-COVID, marks the 74th location for the burgeoning hospitality and restaurant group. Pelham Manor is the nineteenth restaurant in the greater New York City area, with other locations in the Bronx, Brooklyn, Staten Island, Manhattan, and Coney Island. Nine additional Crab Du Jour locations are slated to open in 2022 in Brooklyn, Bronx and White Plains.  


Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - DECEMBER 20, 2021

 Clinical specimen testing for Novel Coronavirus (COVID-19) at Wadsworth Laboratory

75,522 Vaccine Doses Administered Over Last 24 Hours    

60 COVID-19 Deaths Statewide Yesterday


 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

“The winter surge in COVID-19 cases is a reminder that we must stay vigilant in our fight against the pandemic,” Governor Hochul said. “Make sure you are using all the tools that we know work in reducing the risk of transmission and serious illness: get vaccinated if you haven’t yet and get the booster if you have, mask up indoors and exercise caution when in large gatherings. Let’s make sure our loved ones and the most vulnerable among us this holiday season are there with us for the next and many more to come.” 

Today's data is summarized briefly below: 

  • Test Results Reported - 258,612
  • Total Positive - 23,391
  • Percent Positive - 9.04%
  • 7-Day Average Percent Positive - 7.40%
  • Patient Hospitalization - 4,020 (+140)
  • Patients Newly Admitted - 513
  • Patients in ICU - 769 (+8)
  • Patients in ICU with Intubation - 451 (+3)
  • Total Discharges - 223,654 (+336)
  • New deaths reported by healthcare facilities through HERDS - 60
  • Total deaths reported by healthcare facilities through HERDS - 47,613

    The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only. 
  • Total deaths reported to and compiled by the CDC - 60,500

    This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings. 
  • Total vaccine doses administered - 32,448,118
  • Total vaccine doses administered over past 24 hours - 75,522
  • Total vaccine doses administered over past 7 days - 1,086,412
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose - 88.0% 
  • Percent of New Yorkers ages 18 and older with completed vaccine series – 80.1% 
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 94.5%
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 82.4% 
  • Percent of all New Yorkers with at least one vaccine dose - 76.7% 
  • Percent of all New Yorkers with completed vaccine series – 69.0% 
  • Percent of all New Yorkers with at least one vaccine dose (CDC) - 82.2% 
  • Percent of all New Yorkers with completed vaccine series (CDC) – 71.0%
EDITOR'S NOTE:

Yesterday the statewide number of Omicron COVID cases was 192, and the number of Omicron cases in New York City was 41. Today those figures are missing.
Were the December 18, 2021 figures from the governor's office wrong, and what are the figures for December 19, 2021?  

Attorney General James Responds to Trump Lawsuit

 

 New York Attorney General Letitia James today released the following statement after Donald J. Trump and the Trump Organization filed a lawsuit in the U.S. District Court for the Northern District of New York, seeking to stop Attorney General James’ legal investigation into him and his business:

“The Trump Organization has continually sought to delay our investigation into its business dealings and now Donald Trump and his namesake company have filed a lawsuit as an attempted collateral attack on that investigation. To be clear, neither Mr. Trump nor the Trump Organization get to dictate if and where they will answer for their actions. Our investigation will continue undeterred because no one is above the law, not even someone with the name Trump.”

In August 2020, Attorney General James filed a motion to compel the Trump Organization to provide the Office of the Attorney General with documents and testimony from multiple witnesses regarding several, specific Trump Organization properties and transactionsSince then, the court has ruled in Attorney General James’ favor multiple times.