ACEC-NY supports The NY Emergency Responder Act

In times of natural disasters, emergencies, or other catastrophic events, architectural, engineering and construction expertise and skills are essential to disaster recovery. Many engineers, architects, and other professionals are willing to lend their assistance in these times of crisis. However, these professionals and firms may face substantial liability exposure when furnishing services to assist state and local governments on an emergency basis. The American Council of Engineering Companies of New York (ACEC New York) strongly supports The New York Emergency Responder Act (A7715/S.5672), which will prevent future misguided lawsuits against engineering firms for on-site conditions during disaster relief. The immediate response by the engineering community in providing structural consulting services at Ground Zero contributed to perhaps the largest recovery and site clean-up in modern history. Those firms hired performed this task successfully, and no serious injury or fatality resulted from structural instability. Unfortunately, numerous lawsuits, collectively referred to as the WTC Disaster Site Litigation, ensued against these firms not pertaining to their work as professional engineers, but rather to claims by over 10,000 plaintiffs who allege illness due to toxic exposures. As air quality is outside of the expertise and scope of work of the respondent structural engineers, the WTC Disaster Site Litigation clearly demonstrated a need for enhanced legislation to protect engineering firms from unnecessary liability. The direct result of these lawsuits was a decreased volunteer response from the engineering professional community due to fear of litigation. Following Hurricane Katrina, there were virtually no engineering volunteers from New York due to liability concerns. After Superstorm Sandy, which had disastrous consequences for New York transportation and energy infrastructure, the expertise of the engineering community was essential, yet the response rate was notably affected by fear of possible liability. This recent disaster again brought the issue of engineering firm liability into the forefront: the expertise of professional engineers in assessing structural, mechanical and electrical systems, along with other infrastructure, is invaluable to federal, state and local governments as they respond to crisis. Any decrease in response or availability of these services has devastating consequences for affected communities. Many other states, including Maryland, Connecticut, and Pennsylvania, have laws protecting engineering firms from excessive litigation. While "Good Samaritan" laws protect unpaid volunteers from liability for work performed during state or national disasters, the Emergency Responder Act would provide design professionals immunity from lawsuits that attempt to make engineers responsible for work outside their scope. ACEC New York is promoting common-sense change so that in the future, engineers will be able and willing to provide necessary expertise without putting their businesses or personal property at risk. This legislation will ensure that engineering firms will be available to lend their expertise, and that disaster-stricken areas will be able to rebuild as quickly as possible. The engineering profession is committed to public safety and integrity, but their responsibility to the public can only extend to the areas in which they are knowledgeable. The use of engineering firms should be encouraged during emergency responses in order to reduce public health and safety risks, and these same experts should be protected from exposure to uncontrolled liability in the wake of a disaster. ACEC New York is a proactive coalition of more than 270 firms representing every discipline of engineering related to the built environment—civil, structural, mechanical, electrical, geotechnical—and affiliated companies. We are a diverse group of consulting engineering firms from across New York State, ranging from sole proprietors to multinational corporations that collectively employ over 20,000 New Yorkers and nearly ten times that number worldwide. Our shared goals are to further the business interests of our membership, enhance the quality and safety of the environment we live and work in, and help ensure the vitality of our communities. Jay Simson, CAE, is president of ACEC New York, Albany, N.Y.