• 07
  • October
    2011

In our last blog, we discussed a New York scaffolding accident where scaffolding collapsed on a city bus, injuring bus riders. Now, we have learned that New York business groups are again trying to reform New York's scaffold law.

A coalition of business organizations - including the Business Council of New York State, the Lawsuit Reform Alliance of New York, the National Federation of Independent Business, the Associated General Contractors of New York State and the New York Farm Bureau - has attempted to revive a reform bill in the Assembly. If passed, the bill would hold workers responsible for scaffold accidents caused by their own intoxication, other criminal act or violation of safety standards.

The coalition has cited research by the Pacific Research Institute that shows changing the scaffolding law could create up to 86,000 new jobs in construction by reducing liability insurance costs. However, according to New York City construction accident lawyers, changes to the law would take away construction worker protections and could lead to more scaffolding violations by employers (and, thus, more scaffold accidents).

New York's Current Scaffold Law

New York's scaffolding law holds that property owners, employers and general contractors have absolute liability for scaffold injuries ("elevation-related injuries"). This is true even if the worker caused the accident. Under Labor Law, Section 240, building owners and general contractors must provide workers with proper scaffolds, hoists, harnesses and worksite safety equipment. Owners and general contractors have ultimate responsibility for following the law - this is not a responsibility they can delegate to workers.

New York's unique scaffold law contributes to the safety of all construction workers and reduces the number of fatal scaffolding accidents across the state. Should New York reduce insurance costs for businesses at the cost of its workers? We look to Albany for the answer.

Source: Crain's Insider, "Coalition Eyes 'Scaffold Law' Reforms," Oct. 5, 2011.