New York OSHA 10 public works requirement (Labor Law §220-h)

New York has two separate training regimes, and contractors mix them up all the time. New York State requires OSHA 10 on large public work contracts. New York City requires Site Safety Training (SST) cards on many sites under Local Law 196. This page covers the state law. See the NYC SST card guide for the city.

The rule

Labor Law §220-h says that when the advertised specifications for a public work contract are $250,000 or more, the contract must require that every laborer, worker and mechanic employed on the public work site, by the contractor or any subcontractor, is certified as having completed an OSHA-approved construction safety course of at least ten hours before performing any work on the project.

The NYS Department of Labor's Bureau of Public Work enforces it. The rule applies to workers who must be paid the prevailing wage under Article 8.

Proof the Bureau accepts

Contractors attach proof of completion to the first certified payroll submitted to the contracting agency, and to each later payroll where a new employee first appears. Acceptable proof includes the course completion card, a copy of it, or a training roster or letter from the trainer while the card is pending.

Does it need renewing?

No. The NYS Department of Labor says: "Once you have completed OSHA 10 training for work on Article 8 public work contracts, New York State does not require renewal. However, New York City does require renewal of the training every 5 years." Several training websites state a five-year rule for the state law. That rule belongs to the city.

OSHA 30 in New York

The state law asks for OSHA 10. OSHA 30 matters mainly in the city, where an OSHA 30 under five years old counts toward the 40-hour SST card.

Who §220-h covers

The law applies to "every laborer, workman and mechanic" employed on a public work site, by the prime contractor or any subcontractor, where the advertised specifications for the contract total $250,000 or more. These are the same workers who must be paid prevailing wage under Article 8 of the Labor Law. In practice that means:

• Covered: carpenters, laborers, electricians, plumbers, operators, ironworkers, painters, roofers and other trades doing the physical work on site, at every subcontractor tier.
• Usually not covered: office staff, engineers and architects who are not performing construction work, and delivery drivers who drop material and leave.
• Watch for: working foremen. If they are on payroll as trade workers, they are covered.

Public work in New York includes projects for the state, counties, cities, towns, villages, school districts, public authorities and other public entities. A school renovation in Buffalo, a county highway garage in Dutchess, a SUNY lab fit-out and a water district pump station are typical examples.

The $250,000 test

The trigger is the value in the advertised specifications for the contract, not the subcontract you hold. If the prime contract was advertised at $3 million, a $40,000 painting sub on that job is covered. If the advertised value is $240,000, the state law does not apply, even if change orders later push the final cost above $250,000. When in doubt, ask the contracting agency or check the contract documents, which should include the §220-h clause if it applies.

"Before performing any work" means day one

There is no grace period in §220-h. A worker who has not completed the course cannot start on the site and then finish the training later. Plan ahead:

• Ask for card copies when you hire, not when the job starts.
• Online courses are capped at 7.5 hours of training per day, so OSHA 10 takes at least two days.
• A worker who has finished the course but is waiting for the plastic card can usually rely on the trainer's or provider's temporary certificate. The Bureau accepts a training roster or letter from the trainer while the card is pending.

Certified payroll and the card copy

New York public work contractors already file certified payroll with the contracting agency. Section 220-h adds a step:

1. With the first certified payroll, attach proof of OSHA 10 completion for every covered worker on that payroll.
2. With each later payroll, attach proof for any worker appearing for the first time.
3. Keep the originals or copies in your records with the payroll files.

The NYS Department of Labor's Bureau of Public Work enforces the requirement as part of its prevailing wage enforcement. Missing documentation can lead to findings in a prevailing wage investigation, and repeated violations can affect a contractor's standing on future public work.

State law versus New York City SST

This is the single biggest source of confusion. The two rules are separate and can both apply to the same project.

A city-owned school project in Queens, advertised at $5 million, may need both: OSHA 10 under the state law and SST cards under the city law. The OSHA 10 can count toward the SST hours, which saves time. Our NYC SST card guide explains how the hours add up.

Why "five years" keeps coming up

Many training websites say New York requires an OSHA card from the last five years. That is a city rule for SST, not a state rule. The NYS Department of Labor says plainly that once a worker has completed OSHA 10 for Article 8 public work, the state does not require renewal. There are still two reasons a contractor may want newer training:

• The contract or general contractor may require training within a set number of years.
• If the card is lost, a replacement is only possible from the original trainer within five years of the class.

A compliance checklist for New York public work

At bid

• Check the advertised value of the contract. Is it $250,000 or more?
• Confirm the §220-h clause in the bid documents.
• If the job is in the five boroughs, check whether SST also applies.

Before mobilization

• Collect OSHA 10 Construction card copies for every worker you plan to send.
• Require subs to do the same and send copies to you.
• Enroll anyone without a card in an authorized course at least a week before they are needed.

During the job

• Attach proof to the first certified payroll and for each new worker.
• Check new arrivals on their first morning.
• Keep a site list of workers with card details.

Common New York mistakes

• Letting a new worker start "while they finish the course." The law says before performing any work.
• Using the subcontract value. Use the advertised value of the contract.
• Confusing General Industry with Construction. Use the construction course for construction workers.
• Applying the city's five-year rule upstate. The state law has no renewal requirement.
• Not keeping a copy. The card copy should go with payroll, so keep a photo of both sides on file.

Related New York topics

• NYC SST card requirements
• Connecticut OSHA 10 rules for contractors who also work in Fairfield County
• Do OSHA cards expire?
• State requirements checker

Keep each worker's card type, number, completion date, trainer and a photo of both sides in one crew card tracker, with SST card expiry dates for city work in the same place.

Budgeting training for a New York public job

Here is a simple way to plan the cost for a ten-person crew on a covered state contract outside New York City:

The paid time is usually the bigger number, especially at prevailing wage rates. If a worker trains on the clock, schedule the course before the project starts so it does not cut into production. If the job is in the city and needs SST, OSHA 30 for supervisors pulls double duty: it counts toward the SST hours. See how much an OSHA card costs for more detail.

Training in Spanish

OSHA requires training in a language and vocabulary workers understand, and many New York crews work mainly in Spanish. The OSHA 10 Construction course is available in Spanish from authorized online providers and in-person trainers, and the card is the same Department of Labor card. Point workers to OSHA 10 en español for a plain-language explanation of the course.