Regarding Horizontal Netting Requirements on Your New York Construction Project - Ask the @NettingExpert

Hi Bill,

Your question about horizontal nets, especially with everyone on your job site tied off, is a crucial one, and the answer isn't as straightforward as it might seem.

The "Yes" to Horizontal Nets

From a regulatory standpoint, the Occupational Safety and Health Administration (OSHA) regulations and ANSI standards are clear. In New York City, the building code and enforcement by the Department of Buildings add another layer of requirements. These bodies often mandate safety measures like horizontal nets to protect not only workers but also the public and surrounding property.

The "No" (or "It Depends") on Horizontal Nets

Despite the regulations, there's a prevalent misconception that nets are an optional, "cheap" solution. The decision to install nets often comes down to how the building owner, general contractor (GC), construction manager (CM), and other stakeholders manage risk and liability, regardless of whether they operate under an owner-controlled (OCIP) or contractor-controlled (CCIP) insurance policy.

Beyond the legal and financial aspects, consider the human element: the impact of injuries or fatalities on individuals, the project's reputation, and the potential liability for all parties involved.

Beyond Worker Safety: Protecting the Public and Property

While OSHA's primary focus is employee safety, construction sites often pose risks to the public and property. Common areas like loading zones, traffic control, and adjacent properties can expose individuals, including those not directly employed on the site, to hazards.

A stark example illustrates this: I recall a case where a UPS driver, delivering to a neighboring building, was seriously injured when a large piece of ice fell from a construction site, striking a tree and causing a branch to fall. Despite nets being available, the contractor chose not to install them unless explicitly required by OSHA or their contract. Ultimately, the owner, CM, and the subcontractor responsible for the nets were held liable, with costs far exceeding the original safety plan that included netting. This highlights a common issue where contractors may only install nets when directly prompted.

It's important to remember that ANSI and ASTM standards are not self-enforcing. They become legally binding when adopted by an authority, such as New York City's adoption of ANSI A10.11 into its building code. This makes compliance enforceable for public and property protection, and by referencing OSHA, worker safety becomes intertwined.

The Broader Perspective on Netting

There's a concerning trend in the netting industry where some prioritize profit over genuine safety solutions. Many netting manufacturers are primarily importers and sellers of mesh, with limited expertise in the underlying material science, testing, or loading. This increases the risk of receiving products that may not meet expectations or provide adequate protection.

Nets should not be viewed as a mere formality; they offer crucial solutions and benefits. In the early days of construction, when fall protection wasn't as strictly enforced, nets served as a vital safeguard. While safety practices have evolved significantly – with mandatory tie-offs, personal protective equipment (PPE), and rigorous training now commonplace – the fundamental role of nets in preventing serious incidents remains.

Making Informed Choices

Ultimately, the decision to implement specific safety measures, including nets, rests with you. It involves assessing your project's unique risks, understanding the relevant standards and regulations, and determining the acceptable level of risk and potential cost should an incident occur. Given the inherent risks of construction, it's highly probable that objects will fall from a building at some point. The critical questions then become: "What will it hit?" and "Who will be impacted?" The answers to these can have multi-million dollar consequences.

The safety landscape is constantly evolving. My goal is to empower informed decisions, providing access to quality products and systems that offer a genuine return on investment through enhanced safety and reduced liability. Accidents, injuries, and property damage lead to significant financial losses, increased insurance costs, and reputational damage. Passive safety measures like nets can significantly mitigate these issues, reducing street and sidewalk closures and providing a crucial layer of protection when human error occurs.

Many legal professionals may not fully appreciate the critical role nets play in preventing injuries and fatalities. If they did, their initial questions following an incident would likely be, "Why did this happen? Where were the nets, or why didn't they perform as expected?" This underscores the need for a deeper understanding of OSHA and risk assessment requirements.