Labor Law 240: Statewide Applicability In New York

New York Labor Law 240, also known as the Scaffold Law, is a unique workplace safety law in New York State. It provides legal protection to workers in the construction industry who are at risk of falls from heights or being struck by falling objects. This law applies statewide and covers workers on scaffolds, ladders, or other structures while working at heights. It mandates that contractors and owners provide safety equipment and bear total liability for accidents involving falls or falling objects. This law is part of New York's efforts to protect construction workers, who are often in dangerous situations, and holds owners and contractors accountable for job site safety.

The Scaffold Law

The law has been criticised for increasing public construction costs and insurance premiums, and for creating barriers to entry for minority and women-owned businesses. However, supporters argue that it is necessary to protect worker safety and ensure that employers and contractors are held accountable for negligence or misconduct.

Worker eligibility

The law applies to a broad definition of a building, which includes bridges, boats, subway tunnels, and garages. It is important to note that the law only covers specific types of construction work, such as the erection of safety measures like blocks, braces, hoists, ladders, pulleys, or related equipment. It does not cover maintenance, manufacturing, or decorative work on a structure, and it does not apply to pedestrians, motorists, or passersby at a worksite.

In terms of liability, the law holds contractors and owners responsible for providing proper protection to their employees. However, it excludes owners of one and two-family dwellings who do not direct or control the work being performed unless they took direct oversight of a project. Owners of larger residential or commercial buildings are automatically liable if an accident occurs under this section.

Contractor liability

New York Labor Law 240, also known as the "Scaffold Law", is a piece of legislation that is part of the state's legal statutes. It is designed to protect workers who are at risk of falls from heights while on the job, including those working on scaffolds, ladders, or other supports, as well as those who may be struck by falling equipment.

The law places total liability for worker safety and accidents involving heights on the contractor or owner who is directing or controlling work being done to build, maintain, or repair a structure. It is the responsibility of the company or building owner to provide safety equipment for workers to protect them from falls. This includes scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices.

In the event of an accident, an attorney can examine the situation and determine if the injury is covered under Section 240. The law is very specific, and courts tend to be strict when interpreting it. It is important to note that Labor Law 240 does not inherently make the company negligent under the law, and negligence by another party could shift liability to that party. However, in general, the company or building owner is considered liable after any accident involving working on scaffolds or other raised platforms.

There are some instances where a contractor or employer may be able to avoid liability under Labor Law 240. This can be done by presenting a specific contract that shifts liability to a subcontractor or, in cases of extreme negligence by another party, shifting liability to that party.

New York Labor Law 240 is a powerful tool for plaintiffs' lawyers, and it is estimated that injured workers win almost 90% of cases brought under this law. The law does not provide an automatic award, but it does hold contractors and construction companies liable for injuries and accidents involving falls from heights, with no comparative liability considered for how a worker might have contributed to an accident.

Worker rights

Construction work is one of the most dangerous fields to work in, and New York State has specific legal protections in place to protect workers who are injured on construction worksites.

New York Labor Law 240, also known as the "Scaffolding Law", is a key piece of legislation that protects the rights of construction workers who suffer a fall or are struck by a falling object. This law applies to workers who are up on scaffolds, ladders, or other supports while working at heights, as well as equipment that falls and hits someone from a height.

The law dictates that it is the responsibility of the company or building owner to provide safety equipment to protect workers from falls. This includes scaffolding, hoists, ladders, slings, hangers, pulleys, and other devices. The law also specifies that scaffolds must be able to bear four times the maximum weight required for workers and materials that are going to be placed on them.

In the event of an accident, an attorney can examine the situation and determine if the injury is covered under Section 240. It's important to note that this law only covers specific types of construction work, including the erection of safety measures such as blocks, braces, hoists, ladders, and pulleys. It does not cover activities related to maintenance, manufacturing, or decorative work on a structure.

If you or a loved one has been injured in a fall while on the job, it is important to consult with a construction accident lawyer who is knowledgeable about New York State Labor Law to ensure your rights are protected.

In addition to Labor Law 240, there are also other relevant sections of the New York State Labor Law that protect workers' rights, including Section 200, which ensures construction company owners and contractors take reasonable steps to provide a safe working environment, and Section 241, which specifically addresses construction situations involving demolition, excavation, and safety equipment.

Safety equipment

New York Labor Law 240, also known as the "Scaffold Law", is part of the state's legal statutes. This law covers construction, demolition, and repair work on buildings. It protects workers at risk of falls from heights while on the job, including those working on scaffolds, ladders, or other supports. It also covers equipment that falls and hits someone from a height.

The law dictates that it is the responsibility of a company or building owner to provide safety equipment for workers to protect them from falls. This includes scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices. These must be constructed, placed, and operated to give proper protection to employees.

Scaffolding or staging more than 20 feet from the ground or floor must have a safety rail of suitable material, rising at least 34 inches above the floor or main portions of the scaffolding or staging. This safety rail must extend along the entire length of the outside and ends of the scaffolding or staging, with only such openings as may be necessary for the delivery of materials. The scaffolding or staging must also be fastened to prevent it from swaying from the building or structure.

All scaffolding must be constructed to bear four times the maximum weight required to be dependent on it or placed upon it when in use. This is to ensure the safety of workers and any visitors to the job site.

The Scaffold Law is a very specific law, and courts tend to be stricter when interpreting it. This is because the law allows injured parties to recover more than they would be allowed to under common law or workers' compensation. It is important to note that this law does not cover maintenance, manufacturing, or decorative work on a structure, and only applies to construction work.

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