Kenneth Carboy et al v. Solovieff Realty Co., LLC, et al, 151480/2018, 204 (N.Y. Sup. Ct., New York County Sep. 16, 2020) (2024)

FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
`INDEX NO. 151480/2018
`RECEIVED NYSCEF: 09/16/2020
`RECEIVED NYSCEF: 09/16/2020
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`EXHIBIT E
`EXHIBIT E
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`From:
`To:
`
`Cc:
`Subject:
`Date:
`Attachments:
`
`Amanda C. Velez
`sgokberk@sskblaw.com; thomas.ferris@eustacelaw.com; pkenny@bmmfirm.com; madams@dopfnyc.com;
`tcurcillo@dopfnyc.com; ssmith@nicolettihornig.com; nsubrati@gartnerbloom.com; mcquia1@nationwide.com
`Darrell John; Jenna Tersteegen
`Carboy, Kenneth v. Solovieff Realty
`Friday, April 17, 2020 3:39:51 PM
`Attachments.html
`
`Good Afternoon,
`
`In the link below, please find our responses for the following:
`
`
`Supplemental Response to Solow's 2/14/19 Demand for Documents
`Response to Campbell's 10/16/19 Combined Demands
`Response to Architectural's 12/11/19 Combined Demands
`Response to Miller's 7/16/19 Combined Demands
`Response to Biordi's 8/13/19 Combined Demands
`Response to Campbell's 11/12/19 Notice for Discovery and Inspection.
`
`
`Should you have any questions or concerns, please do not hesitate to contact me.
`
`
`
`
`Citrix Attachments
`
`Expires October 14, 2020
`
`our Resp Campbell's 11.12.19 NDI.pdf
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`our Resp to Architectural's 12.11.19 Combi...nds.pdf
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`our Resp to Biordi's 8.13.19 Combined Demands.pdf
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`our Resp to Cambell's 10.16.19 Demand.pdf
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`our Resp to Miller's Combined Demands.pdf
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`our Supp Response Solow's 2.14.19 Deman...ocs.pdf
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`6.9 MB
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`304.1 MB
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`293.6 MB
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`303.7 MB
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`304.8 MB
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`682 KB
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`Download Attachments
`
`Amanda Velez uses Citrix Files to share documents securely.
`
`
`Thank you,
`
`Amanda C. Velez, Paralegal
`Conway, Farrell, Curtin & Kelly, P.C.
`48 Wall Street, 20th Floor
`New York, New York 10005
`Main: 212-785-2929 x9378
`
`

`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`Direct: 212-993-9378
`Fax: 212-785-7229
`avelez@conwayfarrell.com
`
`
`

`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`Plaintiff(s),
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`-against-
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`Index No. 151480/2018
`
`
`RESPONSE TO DEFENDANT
`CAMPBELL & DAWES’
`COMBINED DEMANDS
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`--------------------------------------------------------------------X
`KENNETH CARBOY and LISA CARBOY,
`
`
`
`
`
`SOLOVIEFF REALTY CO., LLC, SOLOVIEFF REALTY
`CO. II, LLC., BENCHMARK BUILDERS, INC., SOLOW
`REALTY & DEVELOPMENT COMPANY, LLC,
`SOLOW DEVELOPMENT CORPORATION, and
`JACOBSON & COMPANY, INC.,
`
`Defendant(s).
`
`
`
`
`--------------------------------------------------------------------X
`
`SOLOVIEFF REALTY CO., LLC, SOLOVIEFF REALTY
`CO. II, LLC., SOLOW REALTY & DEVELOPMENT
`COMPANY, LLC AND SOLOW DEVELOPMENT
`CORPORATION,
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`
`
`
`
`CHANEL, INC.,
` Third-Party Defendant.
`--------------------------------------------------------------------X
`BENCHMARK BUILDERS, INC.,
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`
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`
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`CAMPBELL & DAWES, MILLER BLAKER, INC.,
`BIORDI, INC., ARTHITECTURAL MARBLE, TILE
`AND STONE, and ATLANTIC STONE WORKS, INC.
`
` Second Third-Party Defendant.
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`
`
`--------------------------------------------------------------------X
`MILLER BLAKER, INC.
`
` Third Third-Party Plaintiff,
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`
`
`
`
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`Third-Party Plaintiffs,
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`-against-
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` Second Third-Party Plaintiff,
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`-against-
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`

`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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` -against-
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`AMERICAN WOOD INSTALLERS
`
` Third Third-Party Defendant.
`--------------------------------------------------------------------X
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` O U N S E L O R S:
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` C
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`Defendants, BENCHMARK BUILDERS, INC. and CHANEL, INC., by their
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`attorneys, CONWAY, FARRELL, CURTIN & KELLY, P.C., respectfully respond, upon
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`information and belief, to the COMBINED DEMANDS of DEFENDANT CAMPBELL &
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`DAWES dated October 16, 2019, as follows:
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`RESPONSE TO NOTICE TO PRODUCE EXPERT WITNESS INFORMATION
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`Responding defendants have not yet retained an expert witness but reserve the right to do
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`so at a later date and to exchange the qualifications of any such expert in accordance with the
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`CPLR and rules of this Court.
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`RESPONSE TO DEMAND FOR ATTORNEY INFORMATION
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`The appearances of attorneys is as follows:
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`SALENGER, SACK, KIMMEL & BAVARO, LLP
`180 Froehlich Farm Boulevard
`Woodbury, NY 11797
`516-677-0100
`Attorneys for Plaintiffs, KENNETH CARBOY and LISA CARBOY
`
`EUSTACE, PREZIOSO & YAPCHANYK
`55 Water Street, 28th Floor
`New York, NY 10041
`212-612-4200
`Attorneys for Defendants, SOLOVIEFF REALTY CO., LLC, SOLOW DEVELOPMENT
`CORPORATION, et al.
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`RECEIVED NYSCEF: 09/16/2020
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`BARRY, MCTIERNAN & MOORE, LLC
`101 Greenwich Street - 14th Floor
`New York, NY 10006
`212-313-3600
`Attorneys for Defendant, JACOBSON & COMPANY, INC.
`
`DOPF, P.C.
`440 Ninth Avenue, 16th Floor
`New York, NY 10001
`212-244-9090
`Attorneys for Second Third-Party Defendants/ Third Third-Party Plaintiff, MILLER
`BLAKER, INC.
`
`NICOLETTI HORNIG & SWEENEY
`88 Pine Street, 7th Floor
`New York, NY 10005
`(212) 220-3830
`Attorneys for Second Third-Party Defendants, BIORDI, INC.
`
`GARTNER & BLOOM, P.C.
`801 Second Avenue, 11th Floor
`New York, NY 10017
`212-759-5800
`Attorneys for Second Third-Party Defendants, CAMPBELL & DAWES
`
`LAW OFFICES OF KEVIN P. WESTERMAN
`990 Stewart Avenue, Suite 400
`Garden City, NY 11530
`516-493-4501
`Attorneys for Second Third-Party Defendants, ARTHITECTURAL MARBLE, TILE AND
`STONE
`
`NO APPEARANCE TO DATE
`Attorneys for Second Third-Party Defendants, ATLANTIC STONE WORKS, INC.
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`NO APPEARANCE TO DATE
`Attorneys for Third Third-Party Defendants, AMERICAN WOOD INSTALLERS
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`NOTICE OF DISCOVERY INSPECTION OF PHOTOGRAPHS/VIDEOTAPES
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`This demand is directed to the plaintiff.
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`
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`RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF ALL WITNESSES
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`Responding defendants object to this demand as vague, ambiguous, overbroad and not
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`reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said
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`objections, the responding defendants are not aware of any witnesses other than the parties to this
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`action.
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`NOTICE FOR DISCOVERY AND INSPECTION
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`1. Annexed hereto as Exhibit A are copies of prior pleadings and previously exchanged
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`discovery responses.
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`2. Responding defendants object to this demand as vague, ambiguous and overbroad.
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`Without waiving the objection, copies of the relevant contracts between Chanel, Inc.
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`and Benchmark, Jacobson & Company and Benchmark, Benchmark and Biordi Inc.,
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`are Benchmark and Campbell and Dawes attached hereto as Exhibit B, Exhibit C,
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`Exhibit D, and Exhibit E respectively.
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`RESPONSE TO DEMAND FOR COLLATERAL SOURCE PAYMENTS
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`This demand is directed to the plaintiff.
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`RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION OF STATEMENTS
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`SAFETY AND HEALTH POLICY
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`Benchmark Builders, Inc. believes that NO JOB OR NO TASK IS MORE IMPORTANT
`THAN WORKER HEALTH AND SAFETY.
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`If a job represents a potential safety or health threat, every effort will be made to plan a safe way
`to do the task.
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`Every procedure must be a safe procedure. Shortcuts in safe procedures by either foremen or
`workers will not be tolerated.
`If a worker observes any unprotected job, which may pose a potential threat to their health or
`safety, he or she must inform management and management must take adequate precautions.
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`IF A JOB CANNOT BE DONE SAFELY IT WILL NOT BE DONE.
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`OUR FUTURES ARE ONLY BUILT THROUGH OUR PEOPLE. WE AIM TO PROTECT
`THEM.
`
` ___________________________________________
` (Signed)
`
`2
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`SAFETY AND HEALTH OBJECTIVES
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`Benchmark Builders, Inc. plans to achieve worker safety and health through the following: A.
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` Using a qualified safety person.
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`B. Making regular job site safety inspections.
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`C.
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`Enforcing the use of safety equipment. D. Following safety
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`procedures and rules.
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`Providing on-going safety training.
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`Enforcing safety rules and using appropriate discipline.
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`E.
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`F.
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`3
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`JOB SITE INSPECTIONS
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`The safety person or other designated person will tour each job site and observe potential
`safety/health hazards, including the potential hazards of confined spaces and develop a plan for
`safeguarding this company's workers which may include the following:
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`1.
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`2.
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`3.
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`4.
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`5.
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`Removing the hazard.
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`Guarding against the hazard as required by NYSOSHA.
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`Providing personal protective equipment and enforcing its use.
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`Training workers in safe work practices.
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`Coordinating protection of workers through other contractors.
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`A record of all safety inspections and correctional steps will be kept.
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`4
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`DIRECTOR OF SITE SAFETY (DSS)
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`_________________________________ Name
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`is the designated person to administer the safety and health program for this organization. The
`responsibilities for this position are as follows:
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`Being knowledgeable of potential job hazards.
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`Assuring compliance with OSHA construction safety and health standard requirements.
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`Making regular safety inspections.
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`Establishing safety procedures.
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`Correlating regular safety training with lead persons.
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`Maintaining safety records.
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`5
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`PERSONAL PROTECTIVE EQUIPMENT
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`1.
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`2.
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`3.
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`4.
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`5.
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`Head protection will be worn on job sites when there are potentials of falling objects, hair
`entanglement, burning, or electrical hazards.
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`Eye protection will be worn when there are potentials of hazards from flying objects or
`particles, chemicals, arcing, glare, or dust.
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`Protective footwear shall be worn to protect from falling objects, chemicals, or stepping
`on sharp objects. Athletic or canvas-type shoes shall not be worn.
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`Protective gloves or clothing shall be worn when required to protect against a hazard.
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`Harnesses and lanyards shall be utilized for fall protection as required in NYOSHA
`Construction Safety Standards.
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`100% Fall Protection is required above 6’ at all times. We have ZERO tolerance policy for
`Fall Protection Violations.
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`6.
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`7.
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`
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`8.
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`9.
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`
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`Fall protection is required for all workers on a walking/working surface with an
`unprotected sides, edges, holes or shafts, which are 6’ or more above a lower level.
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`Fall protection includes: guardrails, safety nets, properly secured and marked hole covers,
`barricades, or Personal Fall Arrest Systems (PFAS), i.e. body harness with Self
`Retracting Lifelines (SRL) and an engineered anchorage point.
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`Personnel performing work on ladders within 10’ of a leading edge must be tied off.
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`The use of a PFAS for fall protection is a last resort. Where possible, other preventative
`methods of fall protection are to be utilized (i.e. guardrail, platforms, scaffolds, etc.).
`Prior to conducting work using a PFAS, a Safety Task Analysis (STA) must be
`completed by the subcontractor and approved by Related Hudson Yards Management.
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`10.
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`The subcontractor competent person is responsible for reviewing all work involving
`PFAS.
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`11. Where harnesses and retractable’s are used: Personal fall arrest systems (PFAS) must be
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`rigged in a manner that would prevent a worker from free-falling more than 6’ or
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`making contact with any lower level.
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`-- No shock-absorbing lanyards are to be used (no rope lanyards).
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`-- Workers are to tie off to structural members or an engineered fall anchorage system
`(i.e. Safe-TStrap, etc.) rated for 5,000 lbs.
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`6
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`SAFETY RULES
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`ALL OF OUR SAFETY RULES MUST BE OBEYED. FAILURE TO DO SO WILL RESULT
`IN STRICT DISCIPLINARY ACTION BEING TAKEN.
`
`1.
`
`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`9.
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`Keep your mind on your work at all times. No horseplay on the job. Injury or
`termination or both can be the result.
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`Personal safety equipment must be worn as prescribed for each job, such as: safety
`glasses for eye protection, hard hats at all times within the confines of the construction
`area where there is a potential for falling materials or tools, gloves when handling
`materials, and safety shoes are necessary for protection against foot injuries.
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`Precautions are necessary to prevent sunburn and to protect against burns from hot
`materials.
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`If any part of your body should come in contact with an acid or caustic substance, rush to
`the nearest water available and flush the affected part. Secure medical aid immediately.
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`Watch where you are walking. Don't run.
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`The use of illegal drugs or alcohol or being under the influence of the same on the project
`shall be cause for termination. Inform your supervisor if taking strong prescription drugs
`that warn against driving or using machinery.
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`Do not distract the attention of fellow workers. Do not engage in any act which would
`endanger another employee.
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`Sanitation facilities have been or will be provided for your use. Defacing or damaging
`these facilities is forbidden.
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`A good job is a clean job, and a clean job is the start of a safe job. So keep your working
`area free from rubbish and debris.
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`10. Do not use a compressor to blow dust or dirt from your clothes, hair, or hands.
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`11. Never work aloft if you are afraid to do so, if you are subject to dizzy spells, or if you are
`apt to be nervous or sick.
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`12. Never move an injured person unless it is absolutely necessary. Further injury may
`result. Keep the injured as comfortable as possible and utilize job site first-aid equipment
`until an ambulance arrives.
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`13. Know where firefighting equipment is located and be trained on how to use it.
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`14.
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`Lift correctly - with legs, not the back. If the load is too heavy - GET HELP. Stay fit.
`Control your weight. Do stretching exercises. Approximately twenty percent of all
`construction related injuries result from lifting materials.
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`7
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`RECEIVED NYSCEF: 09/16/2020
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`15. Nobody but operator shall be allowed to ride on equipment unless proper seating is
`provided.
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`16. Do not use power tools and equipment until you have been properly instructed in the safe
`work methods and become authorized to use them.
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`17.
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`Be sure that all guards are in place. Do not remove, displace, damage, or destroy any
`safety device or safeguard furnished or provided for use on the job, nor interfere with the
`use thereof.
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`18. Do not enter an area which has been barricaded.
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`19.
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`If you must work around power shovels, trucks, and dozers, make sure operators can
`always see you. Barricades are required for cranes.
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`20. Never oil, lubricate, or fuel equipment while it is running or in motion.
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`21.
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`22.
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`23.
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`Before servicing, repairing, or adjusting any powered tool or piece of equipment,
`disconnect it, lock out the source of power, and tag it out.
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`Barricade danger areas. Guard rails or perimeter cables may be required.
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`Trenches over five feet deep must be shored or sloped as required. Keep out of trenches
`or cuts that have not been properly shored or sloped. Excavated or other material shall
`not be stored nearer than two feet from the edge of the excavation. Excavations less than
`5 ft may also require cave in protection in some instances.
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`24. Use the "four and one" rule when using a ladder. One foot of base for every four feet of
`height.
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`25.
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`Portable ladders in use shall be equipped with safety feet unless ladder is tied, blocked or
`otherwise secured. Step ladders shall not be used as a straight ladder.
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`26.
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`Ladders must extend three feet above landing on roof for proper use.
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`27. Defective ladders must be properly tagged and removed from service.
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`28. Keep ladder bases free of debris, hoses, wires, materials, etc.
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`29.
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`Build scaffolds according to manufacturers' recommendations and OSHA Standard 1926
`subpart L - Scaffolding.
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`30.
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`Scaffold planks shall be properly lapped, cleated or otherwise secured to prevent shifting.
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`31. Use only extension cords of the three-prong type. Use ground fault circuit interrupters at
`all times and when using tools in wet atmosphere (e.g. outdoors) or with any temporary
`power supply. Check the electrical grounding system daily.
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`8
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
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`RECEIVED NYSCEF: 09/16/2020
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`32.
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`The use of harnesses with safety lines when working from unprotected high places is
`mandatory. Always keep your line as tight as possible.
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`33. Never throw anything "overboard." Someone passing below may be seriously injured.
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`34. Open fires are prohibited.
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`35. Know what emergency procedures have been established for your job site. (location of
`emergency phone, first aid kit, stretcher location, fire extinguisher locations, evacuation
`plan, etc.)
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`36. Never enter a manhole, well, shaft, tunnel or other confined space which could possibly
`have a non-respirable atmosphere because of lack of oxygen, or presence of toxic or
`flammable gas, or has a possibility of engulfment by solids or liquids. Make certain a
`qualified person tests the confined area with an appropriate detector before entry, that the
`necessary safety equipment is worn. Standby person may be required to be stationed at
`the entrance.
`
`
`9
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`JOB SAFETY TRAINING
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`A.
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`After inspecting a job site, the safety person or other designated person will identify and
`evaluate all potential hazards for:
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`1.
`
`2.
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`Injury Severity potential.
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`Probability of an accident.
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`B.
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`This person will also appraise the skill and knowledge level of exposed workers.
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`C.
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`Appropriate Training will be given.
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`1.
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`2.
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`3.
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`Hazards will be pointed out.
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`Necessary precautions will be explained.
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`The higher the hazard the more detailed will be the training.
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`D.
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`.
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`Records will be maintained for all training sessions with descriptions of topics covered
`and names of workers trained.
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`10
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`SAFETY DISCIPLINE
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`A.
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`Two-Step System for employees
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`
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`First violation:
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`Written or Oral warning; notation for personnel file.
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` Second violation: Written notice to personnel file and one-week
` suspension, or termination if warranted.
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`Zero Tolerance System for Subcontractors
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`B.
`
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`First violation:
`
`Second violation:
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`Removal of Employee from Site for day
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`Removal of Employee from site for duration of
`project.
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`Third violation:
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`Removal of Subcontractor from project.
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`C.
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`A record will be maintained of all discipline.
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`
`
`11
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`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
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`INDEX NO. 151480/2018
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`RECEIVED NYSCEF: 09/16/2020
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`POWER LOCKOUT PROCEDURE
`
`Lockout procedure for Benchmark Builders, Inc.
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`I.
`
`PURPOSE
`
`The purpose of this procedure is to assure that employees are protected from unintended
`machine motion or unintended release of energy which could cause injury.
`
`II. MANAGEMENT RESPONSIBILITIES
`
`A.
`
`B.
`
`C.
`
`D.
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`Each supervisor shall train new employees and periodically instruct all of their
`employees regarding provisions and requirements of this lockout procedure.
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`Each supervisor shall effectively enforce compliance of this lockout procedure
`including the use of corrective disciplinary action where necessary.
`
`Each supervisor shall assure that the locks and devices required for compliance
`with the lockout procedure are provided to their employees.
`
`Prior to setting up, adjusting, repairing, servicing, installing, or performing
`maintenance work on equipment, machinery, tools, or processes, the supervisor
`shall determine and instruct the employees of the steps to be taken to assure they
`are not exposed to injury due to unintended machine motion or release of energy.
`
`III.
`
`EMPLOYEES RESPONSIBILITY
`
`A.
`
`B.
`
`C.
`
`Employees shall comply with the lockout procedure.
`
`Employees shall consult with their supervisor or other appropriate knowledgeable
`management personnel whenever there are any questions regarding their
`protection.
`
`Employees shall obtain and care for the locks and other devices required to
`comply with the lockout procedure.
`
`IV. GENERAL
`
`A.
`
`The power source of any equipment, machine, tool, or process to be set-up,
`adjusted, repaired, serviced, installed, or where maintenance work is to be
`performed and unintended motion or release of energy could cause personal
`injury, such a power source shall be locked out by each employee doing the work.
`Sources of energy, such as springs, air, hydraulic and steam shall be evaluated in
`advance to determine whether to retain or relieve the pressure prior to starting the
`work.
`
`12
`
`

`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
`
`INDEX NO. 151480/2018
`
`RECEIVED NYSCEF: 09/16/2020
`
`B.
`
`C.
`
`D.
`
`F.
`
`G.
`
`H.
`
`Safety locks are for the personal protection of the employees and are only to be
`used for locking out equipment.
`
`Safety locks, adapters, and "Danger Tags" can be obtained from a supervisor.
`
`Equipment locks and adapters can be obtained from a supervisor. The sole
`
`purpose of the "Equipment" lock and adaptor is to protect the equipment during
`
`periods of time when work has been suspended or interrupted. The locks are not
`
`to be used as a substitute for the employee's personal safety lock. E.
`
` Personal locks shall contain a tag with employee's name on it.
`
`One key of every lock issued shall be retained by the employee to whom it was
`issued and the only other key to the lock shall be retained by the superintendent.
`
`Employees shall request assistance from their supervisor if they are unsure of
`where or how to lockout equipment.
`
`Any questions concerning the lockout procedure should be directed to the
`employee's supervisor.
`
`V.
`
`LOCKING OUT AND ISOLATING THE POWER SOURCE
`
`A.
`
`B.
`
`C.
`
`Equipment, machines, or processing main disconnect switches shall be turned off
`and locked in the off position only after the electrical power is shut off at the
`point of operator control. Failure to follow this procedure may cause arching and
`possibly an explosion.
`
`Equipment/tools connected to over a 110 volt source of power by a plug-in cord
`shall have a locking device applied to the plug attached to the cord leading to the
`machine to be considered locked out.
`
`Equipment/tools connected to a 110 volt source of power by a plug-in cord shall
`be considered locked out if the plug is disconnected and tagged with a "do not
`start tag."
`
`D.
`
`After locking out power source, the employee shall try the equipment, machine,
`or process controls to ensure no unintended motion will occur; or test the
`equipment, machine or process by use of appropriate test equipment to determine
`that the energy isolation has been effective.
`
`E. When two or more employees work on the same equipment, each is responsible
`for attaching his/her lock. Safety locks and adapters are to be fixed on levers,
`switches, valves, etc. in the nonoperative (off) position.
`
`F.
`
`An employee who is assigned to a job and upon arrival finds an "Equipment
`Lock," "Adaptor," and "Danger Tag" affixed to the equipment shall take the
`following action:
`
`13
`
`

`FILED: NEW YORK COUNTY CLERK 09/16/2020 03:49 PM
`NYSCEF DOC. NO. 204
`
`INDEX NO. 151480/2018
`
`RECEIVED NYSCEF: 09/16/2020
`
`1.
`
`2.
`
`3.
`
`Affix his/her personal lock to the "Equipment Adaptor."
`
`Determine who placed the equipment out of service and contact all parties
`who have locks on the equipment to determine if the assignment to be
`performed would affect their safety. The assignment will proceed only if
`safe to do so with all parties involved.
`
`Try the controls to ensure no unintended motion will occur before starting
`work or qualified personnel shall test the equipment, machine, or process
`by use of appropriate test equipment to determine that the energy isolation
`has been effective. (Such testing equipment is only to be employed by
`trained qualified personnel.)
`
`VI.
`
`PERFORMING TEST AND ADJUSTMENTS DURING LOCKOUT
`
`A.
`
`B.
`
`Power may be turned on when it is required to perform tests or adjustments. All
`of the rules pertaining to removing locks and restoring power shall be followed.
`The equipment or process shall again be locked out if it is necessary to continue
`work after completing the test or adjustments.
`
`If the employee leaves the job before its completion, such as job reassignment, the
`employee shall remove his/her personal lock and adaptor and replace it with an
`"Equipment" lock and adaptor. In addition, the employee will prepare and attach
`a "Danger Tag" indicating the reason the equipment is locked out (should more
`than one employee be assigned to the job, the last employee removing his/her
`lock will be responsible for affixing the "Equipment" lock, adaptor and the
`"Danger Tag").
`
`C.
`
`D.
`
`Upon completion of the work, each employee will remove his/her lock, rendering
`the machine operable when the last lock is removed.
`
`The employee responsible for removing the last lock, before doing so, shall
` assure that all guards have been replaced, the equipment, machine, or process
` is cleared for operation, and appropriate personnel notified that power is
` being restored. This employee is also responsible for removing the
` "Equipment" loc

Kenneth Carboy et al v. Solovieff Realty Co., LLC, et al, 151480/2018, 204 (N.Y. Sup. Ct., New York County Sep. 16, 2020) (2024)

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