A construction site boom truck reportedly carrying poles collapsed on an occupied vehicle at Bedford Park Boulevard and Jerome Avenue in the Bedford Park section of The Bronx on Tuesday, Sept. 20, at around 10.38 a.m., injuring two people, City officials confirmed.

 

Eyewitnesses said one woman miraculously survived the collapse and was seen in a video exiting the vehicle apparently without serious injury. She was quickly rescued from her car by two local people in the area.

 

Her car was seen crushed under the weight of the falling crane. Witnesses said the driver of the boom truck supporting the crane also managed to escape. The windscreen of the vehicle was seen smashed and the roof was also crushed.

Some construction workers were heard saying the crane should not have been used to hoist up poles used on the site beyond a certain floor level. Norwood News reached out to NYC Department of Buildings (DOB) for comment in this regard. Andrew Rudansky, press secretary for DOB, told us on Tuesday that the cause of the incident was under investigation.

 

One local resident said the sound of the collapse was like a bomb, while another said as the crane broke and fell, metal poles, nuts and bolts went flying in all directions across the street and into the path of parked cars, which were later cleared from the area and traffic was also cordoned off.

A local resident named Aaron said he was outside having a cigarette when he saw the crane collapsing and ran inside the barber shop behind him out of fear of being hit by the falling materials.

 

We also spoke to the José Santiago, who, along with his friend, ran to the female driver’s rescue. Speaking in Spanish, he told us he and and his friend were able to open the driver side door and get her out almost immediately. A video of the incident was captured by local business, Bedford Convenience Market, and can be seen here, courtesy of Freedom News TV.

 

An FDNY official later provided more specifics on the incident, saying, “Boom truck collapsed onto roadway, crushing a car.” The official went on to say that the building under construction appeared to be undamaged. “FDNY evacuated approximately 29 workers from the site out of precaution pending a DOB evaluation,” the spokesperson added.

The official said on Tuesday that EMS treated and transported two patients to St. Barnabas Hospital and that fire department operations had concluded at the scene.

 

Workers were seen beginning the task of removing the crane from the vehicle at around 2 p.m.

 

Some construction workers we spoke to said nobody fell from the building but they were all shaken up.

 

We were also informed by Rudansky that DOB inspectors were at the scene of the incident, located at 33 Bedford Park Boulevard, and were investigating after the “partial collapse of the articulating boom truck next to the construction site.”

 

“Our preliminary investigation has determined that the boom truck was making a delivery, lifting a load of rebar from a trailer and on to the roof of the construction project, when the arm of the boom failed and collapsed on to the adjacent roadway,” Rudansky said.

 

“The lifting arm of the boom truck landed on top of the boom truck, and also onto a car. First responders on scene informed DOB that the driver of the car was transported from the scene to a local area hospital with minor injuries,” he added.

 

Rudansky said the general contractor for the permitted, 11-story, new residential building construction project is All State 12 General Contracting Corp, and that DOB’s investigation into the incident was ongoing. “Potential enforcement actions are pending the results of that investigation,” he added.

 

Norwood News asked for details about the latest oversight and safety checks regarding the site and any possible violations.  We were informed that prior to the incident, DOB was most recently at the site on Aug. 25.

 

“During that inspection, our inspectors found that the sidewalk shed in front of the work site was missing the required lighting, and that the contractors had installed the cross bracing underneath the shed too low (below 8 feet),” Rudansky said.

 

“The resulting violation issued on 8/25/22 for the missing lighting and too-low cross bracing on the shed, remains open,” he added. “There are no other open violations at this location.”

 

On a board affixed to the building site was the name of the company, New York Home Contractors LLC, a domestic liability company, apparently incorporated in 2016, and located at 251 Mill Rd., Medford on Long Island in Suffolk County, New York. Norwood News contacted the company for comment on the incident. We did not receive an immediate response.

 

We previously reported on a construction-related accident in the South Bronx and the various resulting measures taken following the incident, as well as DOB-imposed fines on Bronx-based, non-compliant entities.

 

On Tuesday afternoon, Ryan Degan, deputy press secretary for DOB, provided a further update on the incident, saying, “After arriving on scene, DOB inspectors conducted an inspection of the entire new building project. During their inspection, they found several site safety violations, and summonses were issued for failure to safeguard the construction site, failure to have the hoist (construction elevator) in a state of readiness,  and failure to obtain electrical permits for temporary lighting and a standpipe compressor used at the site.”

Degan added, “As a result, DOB has issued a Partial Stop Work Order at the site, preventing all materials deliveries at the location, and all work above 75 feet. In order to lift this Partial Stop Work Order, the contractor must resolve the unsafe conditions; bring the hoist (construction elevator) back into working service; and produce [a] means and methods plans for our review and approval, which details how they will resume delivery operations in [a] safe manner.”

 

Degan said additional enforcement actions were pending DOB’s ongoing investigations.

 

On Wednesday, Sept. 21, a further update on the cause of the accident was provided by Degan, who said DOB’s preliminary investigation found that a series of decisions made by the boom truck operator, William Regaldo, allegedly contributed to the collapse. (Norwood News is attempting to contact Regaldo for comment.)

 

“According to observations and evidence at the scene, our investigators determined that the operator extended the boom at a high angle to lift approximately 1,600 pound load of rebar, contrary to the manufacturer’s instructions on how to safely use the equipment,” Degan said.

 

The findings seemed to be in line with the comments made by construction workers the previous day, as above.

 

“DOB will be issuing additional violations to the boom truck operator, Regaldo, and the general contractor, All State 12 General Contracting Corp, for the unsafe hoisting operations and for their failure to safeguard the construction site,” Degan added.

 

Some residents of the area, who declined to be identified, told Norwood News that the female driver of the impacted car, Danielle Cruz, 22, told Pix 11 News that she was “shaken up” but “ok.” The news outlet later reported that Cruz had a busted lip and that she plans to sue over the incident. 

 

Norwood News asked DOB what the requirements are for drivers of such boom trucks in terms of skilled versus unskilled. Rudansky responded saying, “DOB does not make determinations on the skill level of drivers.”

 

We asked what DOB’s requirements were, if any, in relation to such drivers. Rudansky replied, saying, “Boom truck[s] are considered a delivery vehicle, similar to a tractor trailer. They can only be used to drive in and deliver construction material to a work site. They are not allowed to be used to perform construction work.”

 

He added, “Boom trucks and their operators, unlike construction cranes, are not subject to DOB licensing and permitting requirements. This has always been the case, and it is not a new development.”

 

Coincidentally, just 5 days ago, on Sept. 15, DOB announced the launch of the “Adams Commission,” a volunteer group of advocacy groups, industry experts and local leaders who are creating a blueprint for how DOB can improve its structural practices via the 90-day special commission.

 

Mayor Eric Adams and DOB Commissioner Eric A. Ulrich announced what they described as major steps to refocus the DOB on providing improved customer service and supporting the city’s economic recovery. “Now is the time to change what it’s like to do business with the Department of Buildings and make this agency run more efficiently,” said Adams. “New Yorkers deserve an agency that prioritizes customer service and safety at the same time, all in service of moving our city forward. Our administration has been cutting red tape since day one, and we will keep going until we have a city that truly works for New Yorkers.”

 

Over the 90 days, DOB officials said 64 industry groups, trade organizations, ownership associations, advocacy groups, and government agencies — with support from DOB experts — will meet and formulate recommendations to improve the DOB, culminating in a report to Adams and the City Council. Recommendations will focus on eliminating unnecessarily complicated practices, onerous regulatory hurdles, and inefficient workflows. The report will be public once complete.

 

With the report as a blueprint, agency officials said DOB will begin implementing recommendations, as appropriate, in early 2023 through a combination of policy changes, operational modifications, and regulatory reforms. They added that the administration will work with the City Council to make changes requiring legislation.

They added that SBST and MPDU are fully staffed and now operational, and are helping to troubleshoot project issues, get small businesses up and running, and streamline the development process to help the city’s largest building construction projects break ground. They said these specialized groups will operate similarly to the existing Affordable Housing Unit, providing guidance and expertise to move projects thoroughly and efficiently through the development pipeline to propel the city’s recovery.

 

The SBST is dedicated to handling inquiries and project applications from New York City small businesses. Small business owners and entrepreneurs looking to open a new place of business — or renovate an existing one — can receive individualized guidance on any planned construction projects from dedicated SBST plan examiners and project advocates, who will focus on reviewing and approving projects for construction needed to open more small businesses. Dedicated SBST inspectors will also work directly with small businesses to reduce wait times for critical development-related inspections.

 

DOB officials said the agency has created new internal workflows in its existing online application portal to automatically funnel small business projects to the SBST. Small businesses can avail themselves of the benefits of this new program at the DOB without needing to file an application and at no additional cost.

Meanwhile, the new MPDU is dedicated to assisting with proposed tower developments, significant new building and enlargement projects, and other complex projects deemed eligible by the DOB. The unit is now accepting applications for enrollment in this program via the public DOB NOW portal, according to DOB officials.

 

This initiative will provide one-on-one consultation services for developers of major projects throughout the development process, according to DOB officials, who say they will help improve safety and efficiency by increasing support and collaboration at all stages of a project, helping construction projects start safely, and avoiding costly work stoppages that can draw out construction timelines. This program is first-come, first-served with limited space.

 

DOB officials added that since the beginning of the Adams administration, DOB has launched multiple initiatives to enhance customer service operations, which they said include extending in-person customer service hours at borough offices, reinstating an option for in-person plan examination appointments for construction projects, and committing to significantly reducing overregulation of small businesses.

 

They added that at the same time, the DOB has continued to expand what DOB described as robust online transaction services via DOB NOW.

 

Most recently, the DOB launched “Buildings After Hours,” a weekly customer service event held every Tuesday night from 4 p.m. to 7 p.m. at the five borough offices. This reoccurring open house enables homeowners, small business owners, tenants, buildings managers, and others the opportunity to meet with DOB experts to discuss buildings-related issues, according to City officials. Meetings with DOB staff are completely free, and no appointment is required to attend.

 

District 14 City Councilmember Pierina Sanchez, who is chair of the committee on housing and buildings said of the new commission, “The Department of Buildings is tasked with keeping 1 million buildings safe in our city, while promoting safe conditions for workers on construction sites, yet its tools for interfacing with industry and members of the public are outdated and too often inaccessible.”

 

She added,  “This commission will provide long overdue feedback to improve the structure and output of the agency. I applaud the Mayor and Commissioner Ulrich for their proactive approach in ensuring this city agency adjusts to the needs of the diverse constituencies they serve.”

 

Meanwhile, Gary LaBarbera, president of Building and Construction Trades Council of Greater New York, said, “If New York is to successfully complete major infrastructure upgrades and reap the full benefits of the thousands of middle-class careers and economic stimulus they create, we’ll need to ensure these projects maintain the safety and regulatory standards that are in the best interest of onsite workers and surrounding communities.”

He added, “We thank Mayor Adams and Commissioner Ulrich for committing to these critical details through the creation of this commission, which will focus on the fundamental ways we can improve the Department of Buildings and how it functions. We look forward to working with our fellow committee members to provide solutions for making our construction sites and key development projects safer, more efficient, and as beneficial as possible to our city’s future.”

 

Mike Elmendorf, president and CEO, Associated General Contractors (AGC) NYS said of the commission, “The Associated General Contractors of New York State, New York’s leading statewide association of general contractors and construction managers, greatly appreciates being invited to participate in this commission.” He added, “We look forward to rolling up our sleeves and working to improve the Buildings Department and its interactions with our industry — with our shared goal of building a better New York safely.”

 

Norwood News contacted the impacted construction company, All State 12, for comment on the incident. We did not receive an immediate response.

 

We also reached out to DOB to ask if the latest focus on efficiency by the Adams commission may impact or have impacted safety regulations. Rudansky said the streamlining of the DOB process was more about centralizing paperwork on larger “Tower” projects and did not impact upon safety procedures.

 

“The safety of our fellow New Yorkers will always be a top priority in any decision we make,” he said. “Removing outdated internal processes and cutting onerous red tape does not change a construction contractor’s responsibility to comply with the safety regulations in our Codes. We have already started issuing enforcement actions to the parties responsible for yesterday’s incident, and have stopped all deliveries at this site until the contractors correct the unsafe conditions and submit a detailed plan on how they will safely perform these operations in the future.”

 

Rudansky also provided some further background on DOB’s safety regulation records. He said the department data shows that construction injuries and accidents this year continue to go down, continuing a multi-year trend which he said has seen construction-related injuries decline by over 33 percent since 2018. Rudansky said this trend is due in part to department-led construction safety initiatives, including new ones implemented under the Adams administration.

 

As an example, he said from 2018 to 2021, building construction-related injuries in NYC have declined 33 percent and so far in 2022, DOB is still seeing a further decline in both construction-related injuries and fatalities compared to 2021.

 

Construction-related injuries in 2022 YTD are down 5 percent, compared to 2021 at the same point in the year, according to DOB and construction-related accidents in 2022 YTD are down 8 percent, compared to 2021 at the same point in the year.

 

Rudansky said this reduction in worker injuries is due in part to a number of construction safety initiatives DOB spearheaded in recent years. “In 2018, DOB began implementing mandatory site safety training requirements for construction workers on work sites that require a Construction Superintendent, Site Safety Coordinator, or Site Safety Manager (Local Law 197 of 2017),” he said.

 

“DOB created a new unit in 2018, specifically dedicated to construction safety – the Construction Safety Compliance (CSC) Unit, which conduct thousands of proactive safety inspections every year,” he added. “In recent years, DOB also began requiring that contractors implement additional site safety supervision requirements on construction sites, including requiring mandatory site safety plans on more work sites and creating expanded responsibilities for Construction Superintendents.”

 

Rudansky also said that in summer 2022, DOB made additional regulatory improvements related to site safety, by limiting the number of construction sites a single construction superintendent could oversee from 10 sites to 5 sites.

 

He said the 2021 Construction Safety Report, released earlier this year, has a fuller picture of the measures taken on the topic of work site safety.

 

*David Greene and Miriam Quiñones contributed to this story.