Audit Report on the New York City Department of Transportation’s Compliance with Local Law 20 and the Placement of Automated External Defibrillators

Audit Report on the New York City Department of Transportation’s Compliance with Local Law 20 and the Placement of Automated External Defibrillators

EXECUTIVE SUMMARY

The objective of the audit was to determine whether New York City Department of Transportation (DOT) is in compliance with Local Law 20 regarding the training and certifying of City personnel on the use of AEDs, the placement of AEDs on DOT-owned and operated ferry terminals and ferries, and whether DOT’s Site-Specific Response and Maintenance Plan includes the required elements.

In 2005, the New York City Council enacted Local Law 20 requiring the placement of AEDs in public locations.  These devices are specifically to be placed in: nursing homes; senior centers; the publicly accessible portions of buildings maintained by the New York City Department of Citywide Administrative Services (DCAS), Division of Facilities Management and Construction; selected City-operated parks; and certain ferry terminals and ferries owned and operated by the City.

The New York City Department of Health and Mental Hygiene (DoHMH) issued rules to implement Local Law 20 in November 2005.  Local Law 20 and the DoHMH rules require that AEDs be acquired and operated in accordance with New York State Public Health Law §3000-b, which states that personnel must be trained in their use, and that the devices must be registered with the Regional Emergency Medical Services Council of New York City, Inc. (REMSCO) before use by non-health care professionals.  REMSCO is a not-for-profit, tax-exempt corporation whose function is to improve emergency medical services for New York City.

Among its many responsibilities, the audit subject, the New York City Department of Transportation (DOT), owns and operates the Staten Island Ferry and works with other City agencies and private ferry operators to promote the use of New York City waterways for transportation.  Ferries owned and operated by the City of New York with a passenger capacity of 1,000 or more persons and the ferry terminals that serve them are required to have AEDs readily available in specific locations and quantities deemed adequate by law.

In addition, all DOT ferries require a Certificate of Inspection issued by the United States Coast Guard (USCG).  A valid Certificate of Inspection indicates that USCG Marine Inspectors have found the vessel to be in compliance with USCG regulations, applicable Code of Federal Regulations (CFR), and NYCDOT Safety Management System requirements.  USCG Marine Inspectors conduct inspections on a quarterly basis for each vessel.  Inspections include machinery, hull and equipment inspections, as well as crew practical demonstrations for equipment operation and emergency response.  This includes use of emergency and lifesaving equipment such as AEDs.

Audit Findings and Conclusions

The audit found that DOT generally complied with Local Law 20 and New York State Public Health Law §3000-b regarding the training and certifying of City personnel on the use of AEDs, and the placement of AEDs on DOT owned and operated ferry terminals and on ferries.  DOT has appropriate AED signage, operational AEDs and adequate supplies as required by Local Law 20 and NYS Public Health Law §3000-b.  Employees are appropriately trained in AED/CPR.  DOT maintains inspection reports and device registrations and the collaborative agreement with REMSCO-NYC are current.  The audit also reviewed other documentation that demonstrated that DOT was in compliance with the USCG requirements concerning emergencies.

Audit Recommendations

Since DOT is generally in compliance with Local Law 20 and its placement of AEDs, the audit does not offer any recommendations at this time.

Agency Response

In their written response, DOT officials generally agreed with the audit and the results of our report stating, “DOT recognizes the importance of maintaining compliance with all applicable laws, policies and procedures, rules and regulations, especially those pertaining to public safety.”