The U.S. Department of Labor (DOL) handles the administration and enforcement of more than 180 federal laws, covering workplace activities for about 150 million workers and 10 million workplaces. The OSH Act, administered by the Occupational Health and Safety Administration (OSHA), guarantees workers safe and healthy working conditions. OSHA inspections assess compliance with the regulations. If an employee believes a workplace violates OSHA standards, the employee can request an inspection without fear of retaliation from the employer.
New York State has also passed laws to protect construction workers. Section 240 of New York’s Labor Law, called the Scaffold Law, requires the owner or general contractor on a construction site to provide safety equipment for workers. If the owner or general contractor fails to provide the necessary equipment, such as secure scaffold parts, and as a result, a worker suffers an injury or fatality, then the owner or contractor can be held legally responsible for the accident.
Workers can seek compensation for their injuries for violations of the Scaffold Law in addition to their workers’ compensation benefits, provided the owner or general contractor is not also the workers’ employer who pays for workers’ compensation insurance.
In addition, Section 241 of the Labor Law requires project owners to provide safety equipment to employees and defines the construction, equipment, and operation of worksites for the protection of workers. Sections 240 and 241 are strict liability statutes, which means that the project owner is liable even if the worker is partly at fault unless the worker’s negligence alone caused the injury, or the worker failed to use safety equipment as required. The owner or contractor is not liable if the equipment is provided and available for workers. If the worker is under the influence of drugs or alcohol at the time of the accident, the owner is not liable.
The Scaffold Safety law has been hotly debated over the years. New York State is the only state that has such a law. It was first enacted by the New York State Legislature in 1885 before widespread worker protection. The current version of the law was passed in 1969. It provides strong measures for the protection of construction workers who must perform their work at high heights or are at risk from falling objects. Filing a claim under Sections 240 and 241 does not affect workers’ compensation eligibility.