NY Lab L § 241 (2021)
2021 New York Laws LAB - Labor Article 10 - Building Construction, Demolition and Repair Work 241 - Construction, Excavation and Demolition Work.

§  241. Construction, excavation and demolition work.  All contractors   and owners and  their  agents,  except  owners  of  one  and  two-family   dwellings  who  contract for but do not direct or control the work, when   constructing  or  demolishing  buildings  or  doing  any  excavating  in   connection therewith, shall comply with the following requirements:1. If the floors are to be arched between the beams thereof, or if the   floors  or  filling in between the floors are of fireproof material, the   flooring or filling in shall be completed as the building progresses.2. If the floors are not to be filled in between the beams with  brick   or  other  fireproof  material,  the underflooring shall be laid on each   story as the building progresses.3. If double floors  are  not  to  be  used,  the  floor  two  stories   immediately  below  the story where the work is being performed shall be   kept planked over.4. If the floor beams are of iron or steel, the entire tier of iron or   steel beams on which the structural iron or steel work is being  erected   shall  be thoroughly planked over, except spaces reasonably required for   proper construction of the iron or steel work, for raising  or  lowering   of  materials  or  for  stairways  and elevator shafts designated by the   plans and specifications.5. If elevators, elevating machines or hod-hoisting apparatus are used   in the course of construction, for the purpose of lifting materials, the   shafts or openings in each floor and at  each  landing  level  shall  be   inclosed  or  fenced  in  on  all sides by a barrier of suitable height,   except on two sides which may be used for  taking  off  and  putting  on   materials, and those sides shall be guarded by an adjustable barrier not   less than three nor more than four feet from the floor and not less than   two feet from the edges of such shafts or openings.6.  All  areas in which construction, excavation or demolition work is   being performed shall be  so  constructed,  shored,  equipped,  guarded,   arranged,  operated  and conducted as to provide reasonable and adequate   protection and safety  to  the  persons  employed  therein  or  lawfully   frequenting  such  places. The commissioner may make rules to carry into   effect  the  provisions  of  this  subdivision,  and  the   owners   and   contractors  and  their  agents  for such work, except owners of one and   two-family dwellings who contract for but do not direct or  control  the   work, shall comply therewith.7.  The  commissioner  may make rules to provide for the protection of   workers in connection with the excavation work for the  construction  of   buildings,  the  work  of  constructing  or  demolishing  buildings  and   structures, and the guarding of dangerous machinery used  in  connection   therewith,  and  the  owners  and  contractors and their agents for such   work, except owners of one and two-family dwellings who contract for but   do not direct or control the work, shall comply therewith.8. The commissioner,  as  deemed  necessary,  shall  promulgate  rules   designed  for  the  purpose of providing for the reasonable and adequate   protection and safety of persons passing  by  all  areas,  buildings  or   structures in which construction, excavation or demolition work is being   performed,  and  the  owners  and  contractors and their agents for such   work, except owners of one and two-family dwellings who contract for but   do  not  direct  or  control  the  work,  shall  comply  therewith.  The   provisions  of  this  subdivision  shall  not  apply  to cities having a   population of one million or more.9. No liability for the non-compliance with any of the  provisions  of   this  section shall be imposed on professional engineers as provided for   in article one hundred forty-five of the education  law,  architects  as   provided for in article one hundred forty-seven of such law or landscape   architects  as  provided  for in article one hundred forty-eight of such    law who do not direct or control the  work  for  activities  other  than   planning and design. This exception shall not diminish or extinguish any   liability  of professional engineers, architects or landscape architects   arising under the common law or any other provision of law.10.  Prior  to  advertising  for bids or contracting for or commencing   work on any demolition work on  buildings  covered  under  this  section   except  agricultural  buildings as defined in regulations promulgated by   the commissioner and except buildings  the  construction  of  which  was   begun  on  or  after  January  first, nineteen hundred seventy-four, all   owners and their agents, except owners of one and  two-family  dwellings   who contract for but do not direct or control the work, shall conduct or   cause  to be conducted a survey to determine whether or not the building   to be demolished contains asbestos or asbestos material  as  defined  in   section  nine  hundred  one  of  this  chapter.  Such  surveys  shall be   conducted in conformance with rules and regulations promulgated  by  the   commissioner.  Information derived from such survey shall be immediately   transmitted to the commissioner and to  the  local  governmental  entity   charged with issuing a permit for such demolition under applicable state   or  local  laws  or,  if no such permit is required, to the town or city   clerk. If such survey finds that a building to  be  demolished  contains   asbestos  or asbestos material as defined by section nine hundred one of   the chapter, no bids shall  be  advertised  nor  contracts  awarded  nor   demolition  work  commenced by any owner or agent prior to completion of   an asbestos  remediation  contract  performed  by  a  licensed  asbestos   contractor as defined by section nine hundred one of this chapter.