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The Importance of Preserving New York's Scaffold Law
When construction workers are operating heavy equipment hundreds of feet above the ground, there is no room for error. A single misstep or slight miscalculation can have disastrous consequences.
July 19, 2009 /Industrial PR News/ -- The Importance of Preserving New York's Scaffold Law
Article provided by Keogh Crispi, P.C.
Visit us at www.keoghcrispi.com/
When construction workers are operating heavy equipment hundreds of feet above the ground, there is no room for error. A single misstep or slight miscalculation can have disastrous consequences.
In New York, Labor Law Section 240, known as the "scaffold law" is built upon the understanding that mistakes cannot be tolerated. In essence, Section 240 assigns commercial property owners and general contractors absolute liability for injuries sustained as a result of gravity-related accidents on construction sites.
However, over the past decade insurance companies have been aggressively resisting these claims, while simultaneously pouring millions of dollars into a lobbying campaign designed to influence state and federal lawmakers to change these laws. In addition, the insurance industry is waging a misleading public propaganda campaign. The insurance companies argue that the current New York laws inhibit the ability of private companies to compete in the marketplace.
The arguments put forward by the insurance industry are without any factual basis. The position taken by the insurance industry is, in reality, nothing more than attempt to avoid a contractual obligation to monitor and reduce hazardous risk. When an insurance company issues a policy and collects enormous sums of money from businesses, they do so on the promise that they will undertake the necessary efforts ensure the safety of construction workers and construction sites. This is precisely the reason the protections of Section 240 must be preserved.
The Protections Afforded by Labor Law Section 240
Under Labor Law Section 240, commercial property owners and general contractors who hire contractors to perform physical alterations to premises are under a duty to exercise care so that workers have proper protection against gravity-related accidents. Gravity-related accidents can include both those accidents where someone is injured as a result of a fall and accidents where someone is injured as the result of a falling object.
When workers do not have proper protections and are injured as a result, the commercial property owner and general contractor can be held liable. Section 240 places the burden of ensuring worker safety on those who have the power to control the conditions of the worksite.
It is important to note that Labor Law Section 240 contains an express exclusion for the owners of one and two family residences. This exclusion, which exempts private homeowners from responsibility, is conveniently not mentioned by the for-profit Insurance Industry in their prodigious lobbying efforts.
New York's Scaffold Law Provides Appropriate Incentives to Ensure Safety
Construction sites are sometimes described as places of organized chaos, with a multitude of activities occurring simultaneously. When buildings are under construction, all actors under pressure to complete each and every task as quickly as possibly. The time frame for the completion of a construction project is directly related to financial profit. The sooner a project is complete, the sooner it can begin generating revenue.
Consequently, on any construction site there is always a temptation to cut safety corners in the interest of speed. Superintendents routinely ask construction workers to perform work without taking the time to properly secure equipment or without hiring an engineer to determine the necessary safety precautions. Compounding this problem is the fact that the balance of power on a construction site often dictates that those who are asked to take unreasonable risks will do so, regardless of the safety hazards. If one worker refuses, another will often step in to take the job and assume the risk. This emphasis on speed places construction workers at serious risk of harm.
When buildings are under construction, there is also immense pressure to finish the work as inexpensively as possible. This creates can create an incentive for commercial property owners and general contractors to hire low-cost subcontractors that lack the necessary experience and equipment to safely perform work.
The scaffold law provides a safeguard against profit and greed running amuck. As long as the owner and general contractor have liability for any accidents, they must consider the likelihood of accidents and factor these costs into the selection process.
New York's Scaffold Law Protects Workers When Accidents Happen
Even when everything is handled properly on a construction site, accidents can still occur. A company may take all of the safety precautions possible, but this doesn't change the fact that construction is inherently dangerous. Furthermore, when injuries occur, they are likely to be life-altering injuries. After a fall, a construction worker with decades of experience in the industry may suddenly be unable to ever work again. Many times the consequences are far more tragic, and often fatal.
Workers' Compensation offers a degree of financial relief for injured construction. However the Workers' Compensation system is not designed to address the long term and permanent financial and physical consequences to the injured worker. The responsibility imposed upon commercial property owners and general contractors provides a source of reasonable compensation for the injured worker and the worker's family.
Arguments Against New York's Scaffold Law
Those opposed to the law allege that the protections are antiquated, and that this over-regulation puts New York construction companies at a competitive disadvantage against out-of-state companies. They claim that it is unfair for commercial property owners to automatically be held accountable for these accidents without the ability to demonstrate that the worker contributed to his or her injuries through negligence.
Such arguments are mythological, designed to play on the fears of the public without any basis in fact. The fact that construction accidents continue with such frequency in New York demonstrates that these laws and the resulting protections are not antiquated but continue to be necessary.
The objections raised by the insurance industry cannot outweigh the value of the protections provided by the scaffold law. When even the smallest error can have life-altering consequences, it is essential to err on the side of caution. In order to effectively require commercial property owners and general contractors to exercise reasonable caution, they must be held accountable for the safety of the construction site. The protection under the scaffold law is just, because it ensures that those with the power to protect construction workers have incentives to do so. Therefore as a matter of sound public policy, Labor Law Section 240 must be preserved.
Article provided by Keogh Crispi, P.C.
Visit us at www.keoghcrispi.com/
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