Labor Law 200: Who Is Covered And Who Is Exempt?

New York Labor Law Section 200 is a codification of the common-law duty imposed on general contractors and owners to provide a safe workplace. The law requires all workplaces to be constructed, equipped, arranged, operated, and conducted to provide reasonable and adequate protection for the lives, health, and safety of all employees and visitors. While the law does not define the class of defendants to which it applies, courts have applied it to owners and contractors with the power to direct and control the plaintiff's work. This means that Section 200 applies to non-owners who have the authority to control the activity bringing about the injury and exercise that authority.

Does Labor Law Section 200 apply to non-owners?

New York Labor Law 200 protects the rights of both workers and visitors to a job site. It is designed to ensure that construction company owners and contractors take reasonable steps to provide workers with a safe working environment. The law requires all workplaces to be "constructed, equipped, arranged, operated, and conducted" to provide "reasonable and adequate protection" to the health and safety of all employees and visitors.

The law applies to "all persons employed therein or lawfully frequenting such places". It requires that all machinery, equipment, and devices be placed, operated, guarded, and lighted to provide reasonable and adequate protection to all such persons.

Therefore, Labor Law Section 200 applies to non-owners, including workers and visitors to a job site. Non-owners can bring a lawsuit under Section 200 if they are injured by a defect or dangerous condition at the job site. They can sue the property owner or contractor if:

• They created the dangerous condition or defect, or
• They had actual or constructive notice of the defect or dangerous condition but did not remedy it.

What is Section 200?

Section 200 of the New York State Labor Law is a codification of the common-law duty imposed on general contractors and owners to provide a safe workplace. It applies to all owners and contractors, requiring them to make all workplaces under their control reasonably safe for workers and visitors.

The law states that workplaces must be "constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places." This includes ensuring that all machinery, equipment, and devices are placed, operated, guarded, and lighted to provide reasonable and adequate protection.

Section 200 also enforces building codes for construction site sanitation, health facilities, exits, elevators, escalators, fire suppression systems, and industrial radiation protection. It is designed to protect the health and safety of employees and applies to both workers and visitors at the job site.

There are two broad categories of personal injury claims that can be brought under Section 200:

• Claims based on dangerous conditions or defects at the job site.
• Claims based on the manner and method of doing work.

In the first category, a worker can sue the property owner or contractor if they created the dangerous condition or defect, or if they had actual or constructive notice of it but did not remedy it.

The second category involves injuries caused by the manner and method of performing the job, rather than a pre-existing defect. In this case, a worker must prove that the owner or contractor exercised authority to supervise or control the performance of the work that caused the injury.

Section 200 is an important law that helps to ensure the safety of construction workers and visitors at job sites. It provides powerful rights to injured workers and allows them to seek full compensation for injuries caused by negligence.

Who is protected by Section 200?

New York Labor Law 200 protects the rights of both workers and any visitors to the job site. It is designed to ensure that construction company owners and contractors take reasonable steps to provide workers with a safe working environment.

According to this section of New York State Labor Law, it is the general duty of owners and contractors to ensure that all equipment, machinery, and devices are positioned, operated, and guarded in a secure manner. Section 200 also provides protection for visitors and states that the job site must have adequate lighting and guardrails.

If officials discover a dangerous situation, a notice is placed to warn all workers and visitors of the danger. Placement of this notice means any equipment, machinery, or devices are prohibited from use until the problem is corrected and the notice is removed.

Section 200 requires all owners and contractors to make all workplaces under their control reasonably safe for workers. The law requires all worksites to be:

> "constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places. All machinery, equipment, and devices in such places shall be so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons."

The law also enforces building codes for all construction site sanitation and health facilities, exits, elevators and escalators, fire suppression systems, and industrial radiation protection.

The law applies to employees, but also visitors who are on the worksite. Any violation of this section that causes an injury can give a worker grounds to take action against the employer.

What are the possible violations of Section 200?

Section 200 of the New York State Labor Law is intended to protect the rights of both workers and visitors to a job site. It requires that owners and contractors take reasonable steps to ensure workers have a safe working environment.

Violations of Labor Law 200 typically fall under one of two categories: dangerous or defective conditions, and dangerous means and methods.

Dangerous or Defective Conditions

Incidental circumstances at the worksite create an unsafe environment for employees. For example, a tripping hazard on a work site may violate Labor Law 200 if the contractor had notice of the hazard and adequate time to correct it. In such cases, the defendant may bear responsibility if they created the dangerous condition or had actual or constructive notice of the condition and failed to remedy it.

Dangerous Means and Methods

In these cases, the work itself is being carried out through methods that are unsafe. For instance, using a staircase to move heavy objects instead of a ramp. To prove liability, the plaintiff must show that the contractor had control of the means or methods involved.

It is important to note that both violations can exist in the same case. For example, a case involving a dangerous condition may also involve dangerous means and methods.

How do you prove liability in a Section 200 violation?

To prove liability in a Section 200 violation, the injured party must show that the defendant failed to provide a safe working environment. This includes ensuring that all equipment, machinery, and devices are positioned, operated, and guarded securely. It also includes providing adequate lighting and guardrails, as well as placing warning notices of dangerous situations.

In addition, to impose liability under Section 200, the injured party must show that the defendant had the authority to control the activity that caused the injury and that they exercised that authority. This means that general supervisory authority is not enough to impose liability.

Furthermore, if the injury arises from a dangerous condition on the premises, the injured party must show that the defendant created the dangerous condition or had actual or constructive notice of it and failed to remedy it.

To prove liability, it is important to consider both categories of Section 200 claims: those arising from a defect or dangerous condition on the premises, and those arising from the manner in which the work was performed.

Frequently asked questions