New York's Scaffold Law: Key to Protecting Construction Workers

October 03, 2012 (Press-News.org) There has been ongoing debate between safety advocates and some in the business and construction industry about the value of New York's Scaffold Law. Critics of the law claim it is burdensome and costly. Supporters argue that it is a small price to pay to protect the safety and lives of construction workers.

New York's Scaffold Law

The "Scaffold Law" refers to Labor Law Sec. 240 of the New York Code. The law mandates that general contractors and building owners follow necessary procedures and provide appropriate safety equipment to prevent elevation-related construction accidents.

The law does not permit general contractors or property owners to delegate this duty to other parties like subcontractors. In most situations, the law imposes absolute or strict liability on general contractors or building owners if an accident is found to be within the reach of the Scaffold Law. This means that an injured worker is not required to show actual negligence or intent to harm on the part of the owner or general contractor.

The law applies to much more than just scaffolding. It requires that property owners and contractors supply construction workers with adequate harnesses, hoists and other equipment used when working at heights. Courts have also broadly interpreted the law to apply to "elevation-related hazards" and most accidents that involve gravity, such as falling objects.

Controversy Surrounding the Law

Those that oppose the law mainly consist of business, insurance and construction industry groups. They feel the law unnecessarily increases construction costs, places an unfair burden on employers, and does not place enough responsibility on construction workers themselves.

These groups have been lobbying to change New York's scaffolding law. As unions have lost power throughout the country, many other state governments have caved to similar demands and rolled back laws comparable to New York's scaffold law. New York is currently the only state with an absolute liability scaffold law.

Important Protection for New York Construction Workers

Advocates of the law say it has led New York to have one of the lowest construction injury and fatality rates in the country. They say the law provides owners and general contractors with a strong incentive to take responsibility for construction site safety, and prevents them from shifting the blame to less vested parties like subcontractors.

Ultimately, the law serves to protect the lives of construction workers who have one of the most dangerous jobs in the country.

Article provided by Reibman & Weiner
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