New York City Building Code The Building Code sets forth standards and specifications for the installation of supported, outrigger and suspended scaffolds. According to this section of New York State Labor Law, it is the general duty of owners and contractors to make certain all equipment, machinery, and devices are positioned, operated, and guarded in a secure manner. NY Scaffold Law (Labor Law 200, 240, 241), By submitting this form I agree with the Terms & Conditions, Most Common Fatal Construction Accidents in New York City. However, Section 240 only covers certain types of scaffold work including the following: If the worker was engaged in these specific activities, then the law applies to them, but it may also apply to a worker if they weren’t engaged in one of the activities at the time of the accident. Section 240 is very clear it only covers specific types of construction work. Our law makes New York State the least attractive building environment on Earth. A scaffolding which is positioned 20 feet or more above the ground or the floor must be equipped with a safety railing that rises a minimum of 34 inches, which is nearly 3 feet; The railing must be securely fastened to the scaffold to prevent swaying; The safety rail must enclose the full-length and both ends of the scaffold; and. If you, or a loved one, were injured under any of the negligent conditions set by these three New York State Labor Law mandates, you can file both an injury claim and for workers’ compensation. Under the current law, no amount of safety equipment, training, or workplace controls will … What is the “scaffold law?” New York’s “scaffold law” (also known as Labor Law § 240 and 241) requires “all contractors and owners and their agents…to give proper protection” to … In New York, a violation of the Scaffold Law occurs where a scaffold is inadequate in and of itself to protect workers against the elevation-related hazards encountered while dismantling that device, and it is the only safety devise supplied, as indicated in Labor Law § 240. New York State designates laws to provide specific protection to workers who are injured on construction worksites. What Medical Questions can an Employer ask During Covid-19? Section 241 specifically refers to construction situations involving demolition, excavation, and safety equipment. Section 200 also provides protection for visitors and indicates the job site must have adequate lighting and guardrails. If you’re naming some of the most dangerous areas of work, then construction work is usually near the top of the list. Specifically, in New York there is New York Labor Law 200, which includes the “Scaffold Law.” Section 240 of the New York State Labor Law (also known as The Scaffold Law) applies to construction workers who have experienced a fall or have been hit by a falling object. The Scaffold Law is a proven disincentive to investing in construction site safety. Located in Lower Manhattan, NY, the attorneys at O’Dwyer & Bernstien, LLP provide legal representation in the fields of personal injury, construction injury, labor and employment, and real estate law. “The experienced attorneys at O’Dwyer & Bernstien have been fighting for the rights of New York Construction Accident Workers for over 100 years! New York, NY 10006, Phone: 212-571-7100 Section 240 also excludes owners of one and two-family dwellings who do not control the work being performed from responsibility, unless they took direct oversight of a project. If officials discover a dangerous situation, notice is placed to warn all workers and visitors of the danger. Owners of larger residential or commercial buildings are automatically liable if an accident occurs under Section 240. This field is for validation purposes and should be left unchanged. Although, the history of these laws can be traced back to the 1885 Scaffold Law, they have gone through various amendments, or versions over the past hundred years, which has expanded its scope beyond work performed on scaffolds. Specifically, this law imposes absolute liability. If you or someone you love were injured in a scaffolding-related accident, you deserve justice for the pain and suffering from your injury. Scaffold or staging more than twenty feet from the ground or floor, swung or suspended from an overhead support or erected with stationary supports, except Scaffold wholly within the interior of a building and covering the entire floor space of any room therein, shall have a safety rail of suitable material properly attached, bolted, braced or otherwise secured, rising at least thirty-four inches above … New York Scaffold Law – Strict Liability of Owners and Contractors for Non-Compliance. All rights reserved. Cancel. Article 1. The Scaffold law (NY Labor Law Section 240) was enacted in New York in 1885, to protect workers from unsafe conditions. Detailed safety requirements pertaining to scaffold maintenance, inspections and worker precautions and protection are also outlined in this Code. Section 241 directly addresses how floors are constructed during the building progresses and the materials to be used, along with elevators and any type of hoisting apparatus. Many types of employees and independent contractors deal with scaffolds daily in their work, including window washers, painters, welders, carpenters, bricklayers, electricians, to name just a few. Under the Scaffold Law, contractors and property owners are responsible for providing scaffolding and other equipment that gives “proper protection” to construction workers employed on the site. Some of the specific provisions that the owners must comply with that are intended to protect workers include the following: The unique feature of “absolute liability” that the statute places on site owners and contractors who break the law makes Section 240 controversial. Search New York Codes. This law may be seen at New York Labor Law Section 240; New York Code – Section 240: Scaffolding and other … While New York Labor Law 200 and 241 allow for a broader legal interpretation when filing a personal injury claim, courts require a stricter interpretation of Labor Law 240. However, Section 240, the Scaffolding Law, is very specific and courts tend to be stricter when it comes to interpreting this law. New York’s Labor Law § 240 - “The Scaffold Law” L O S S C O N T R O L A L E R T As a property owner, tenant, or contractor, you may be liable for injuries to employees of contractors that you hire. Consulting with a construction accident lawyer who is knowledgeable and well-versed in the complexities associated with New York State Labor Law will ensure your rights are protected. New York Labor Law 200 protects the rights of both workers and any visitors to the job site. Talk to a New York Personal Injury Attorney. All construction workers should be familiarized and understand New York Labor Law Section 240 (also known as the “Scaffolding Law”), along with Sections 200 and 241, which also provide protection for New York construction workers. What Is The NY Scaffold Law? NYC’s Scaffold Safety Law ensures that contractors must provide their workers with proper safety equipment while doing work at high elevations. New York Labor Law Sections 240 and 241, the “Scaffolding Law” protects the rights of construction workers or visitors who suffer a fall or are struck by a falling object. You can read more about scaffolding accidents from our Scaffolding Accident Prevention Guide. Toll-Free: 800-536-5688 The NY scaffolding law provides some of the most important liability protections for construction workers. What Does the Scaffolding Law Say? The Scaffold Law in New York. New York long ago adopted a scaffolding law design to protect construction workers and others from certain unsafe work conditions, including those associated with scaffolding and construction. In 2017, the U.S. Bureau of Labor Statistics (BLS) reported 20 workers died in New York City from construction-related accidents. New York’s Scaffold Law is the only law of this kind in the country that holds construction site owners and general contractors absolutely liable for scaffold accidents which result in injuries to construction workers. New York is … New York, NY, 10177, © document.write(new Date().getFullYear()) MOWK Law | Phone: 212.920.6695 | Fax: 917.382.3934 If you file legal action under New York State Sections 200, 240, or 241 this won’t affect your eligibility to file for workers’ compensation. New York Labor Law 240. Reasonable steps include scaffolding, hoists, ladders, slings, hangers, pulleys, ropes, and stays, to name a few. Short Title: Definitions; Article 2. Section 240 of New York State Labor Law, the “Scaffolding Law”, protects the rights of construction workers who suffer a fall or are struck by a falling object. These statistics are discouraging, especially when you consider The New York City Buildings Department reports there have been 287 construction-related injuries and five fatalities in the five boroughs during the first six months of 2019. It’s important to know the defendant (owner, contractor, or another party) is likely to aggressively fight back against any claims filed against them under the Scaffold Law or Sections 200 and 241. But according to the websit, www.scaffoldlaw.org and the Lawsuit Reform Alliance of New York, the Scaffold Safety Law burdens all New Yorkers because the law generates an astounding number of expensive lawsuits that contribute to a variety of negative impacts—higher construction costs, fewer workers being hired (or even fired) and consumers paying higher prices for goods and services. It’s important to understand the differences in these three sections of the New York State Labor Law. This is FindLaw's hosted version of New York Consolidated Laws, Labor Law. Fortunately, there are laws in place that help to protect construction workers and give them certain rights. Cuomo To Fix Costly Scaffold Law December 7, 2020 Dismantle This Law: New York’s Scaffold Law Diminishes Affordable Housing Supply by Driving up the Cost of Construction It provides coverage where other laws do not. 45 Broadway, Suite 2430 Unfortunately, construction accidents happen more often than we’d like to hear about. “Any worker sustaining an injury at a New York construction site should consult with an attorney to determine if the accident is covered under Sections 200, 240, or 241 of New York State Labor Law.”, Brian O’Dwyer, Construction Accident Lawyer – O’Dwyer & Bernstien. The NY Scaffold Law, also known as Labor Law 240/241 provides protection for construction workers and pedestrians against falling debris, falls from heights and other gravity related injuries at unsafe construction sites. Read this complete New York Consolidated Laws, Labor Law - LAB § 240. If you’re covered, a MOWK personal injury lawyer can help you get the compensation that you’re entitled to receive. The Occupational Safety and Health Administration (OSHA), a federal agency that mandates safety requirements and tracks worker injuries and deaths across the U.S., reports the “fatal four” accidents in the U.S. construction industry include: According to OSHA, these injuries account for 20.7% of all worker fatalities across all industries in the nation. This legal provision also mandates owners and contractors will arrange equipment in such a way to maximize the safety of construction workers and any visitors to the job site. According to New York Labor Law’s Section 240, owners and contractors are required “to give proper protection to a person so employed” when their work contributes to the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.” Some of the provisions established by the law to protect workers include: This legal requirement mandates construction owners and contractors to provide scaffolding and other safety measures to protect workers. The Department of Labor estimates that over half of the construction industry works on scaffolds, which means close to 2.3 million workers. Placement of this notice means any equipment, machinery, or devices are prohibited from use until the problem is corrected and the notice is removed. The law makes an exception for residential property owners who “contract for but do not direct or control the work.” In 1993, the New York Court of Appeals held in It is structured to ensure construction company owners and contractors take reasonable steps to give workers a safe working environment. Co-Managing Partner and Chair of O'Dwyer & Bernstien's Labor & Employee Benefits practice, Jason has over twenty years of experience in the New York legal industry. It was enacted into law in 1885 and predates more than 135 years of laws and protections which ensure worker safety on construction sites. Reasonable steps include scaffolding, hoists, ladders, slings, hangers, … Sections 200 and 241 outline a general overview of what’s covered which means there is room for legal interpretation. For instance, under Section 240, a worker must have been working on a structure that is legally defined as a building. The Department of Labor ; Article 3. By submitting this form I agree with the Terms & Conditionsand Privacy Policy of the website. New York State Labor Law sections 240/241, known as the Scaffold Law, holds contractors and property owners engaged in construction, repair or demolition work 100% liable for gravity-related injuries despite any gross negligence on the part of injured workers, such as failure to use proper safety equipment, Insurance Journal has reported. In the NY Business Journal, a study cited that 90 percent of fatalities that occur at work in NY over the past decade involved employers who were in violation of existing safety standards. Search by Keyword or Citation; Search by Keyword or Citation. This law is unique to New York … Disclaimer | Attorney Advertising, Understanding Partition Actions in New York. Many opponents have called for reforms because no other state has an equivalent law; they also believe that it raises construction costs for New York. Erecting buildings and erections of safety measures (braces, hoists, ladders, and pulleys). They have the knowledge and expertise to protect you and your loved ones. Essentially, the law holds that general contractors and property owners are 100% liable for any gravity-related (falling) accident in which they are at least somewhat at fault. 250 Park Avenue, 7th Floor To learn more call 212-571-7100 today for a free consultation.”, Sources:https://www.bls.gov/regions/new-york-new-jersey/news-release/fatalworkinjuries_newyorkcity.htmhttps://www.osha.gov/oshstats/commonstats.html. Use this page to navigate to all sections within Labor Law. New York Labor Law 240 Nicknamed the Scaffolding Law, Section 240 protects the rights of workers injured in a fall or due to a falling object striking them. The Scaffold Law imposes “absolute liability” upon contractors and property owners for elevation-related injuries involving construction, repair, or demolition work. Dating back to 1885, the law holds building owners and developers 100% liable for … In the event an accident has occurred, an attorney can examine the situation and determine if the injury is covered under Section 240. What Is The Average Car Accident Settlement In New York? The work must take place on a structure, legally defined as a building but can also include boats, bridges, garages, subway tunnels, and water towers. The Scaffold Law has been an effective protection for workers for over 130 years and should remain so in New York State. It’s no secret construction is one of the most dangerous fields to work in, but what might be less known is workers in New York have specific legal protection under specific sections of the state’s labor law. This legal requirement mandates construction owners and contractors to provide scaffolding and other safety measures to protect workers. The reasoning for this is because Section 240 allows for injured parties to recover more than they would be allowed to under common law or workers’ compensation. New Scaffold Law SCAFFOLD INJURIES, ACCIDENTS & DEATH. © O'Dwyer & Bernstien, LLP. To join NYCOSH in … This includes: The law is also very explicit in that it relates only to construction, and excludes activities related to maintenance, manufacturing, or decorative work on a structure. Under this section of New York State Labor Law, owners and contractors must take reasonable steps to provide adequate safety provisions for their workers. This means that when the owner/contractor doesn’t give the worker all the necessary safety equipment that they’re entitled to and the worker gets injured as a result, then their employer is held completely responsible. Property owners and contractors must provide scaffolding and other safety measures to protect workers and visitors, including scaffolding, hoists, ladders, slings, hangers, pulleys, and ropes. The scaffolding must be able to hold 4x its maximum weight. Suspended Scaffold Required Notification The Department must be notified 24 to 48 hours before the use or installation of c-hooks and outrigger beams (BC 3314.1.1). New York, NY, 10177 Scaffold Law Updates National Association Of Minority Contractors, NY Tri-State Chapter Calls On Gov. Section 240 of New York State Labor Law, the “Scaffolding Law”, protects the rights of construction workers who suffer a fall or are struck by a falling object. 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