On New York Construction Law: N.Y. Lab. Law § 240

In the world of New York construction, understanding labor laws — specifically those surrounding scaffolding — can make all the difference between success and costly litigation.

Often referred to as the "Scaffold Law," Section 240 of the New York Labor Law plays a major role in promoting the safety of workers engaged in activities like welding, demolition, and beyond.

To learn more about N.Y. Lab. Law § 240, please continue reading. Alternatively, you can speak with a member of our award-winning team directly when you call Schwartzapfel Lawyers at 516-342-2200 today.

Overview

Section 240 of the New York Labor Law provides a framework for ensuring that workers involved in the construction, demolition, alteration, or repair of buildings and structures have proper safety measures in place. To this end, the law mandates that scaffolding and other protective devices be provided to protect workers.

Key Provisions

• Responsibility for Safety
  • Contractors, owners, and their agents must furnish or erect safety devices like scaffolding, ladders, hoists, and ropes.
  • The devices must be constructed and operated to provide proper protection to workers.
• Professional Engineer/Architect Exceptions
  • Exemptions for certain professionals: Engineers, architects, and landscape architects are typically exempt from liability if they are not controlling or directing the actual work, but this does not relieve them from common law liability.
• Scaffolding Height Requirements
  • Scaffolding or staging over (20) feet must have safety rails (34) inches high or more.
  • Safety rails must be securely fastened to prevent scaffolding from swaying or shifting.
• Structural Integrity
  • All scaffolding must be capable of supporting four times the weight that will be placed or suspended from it during use. This ensures that scaffolding is reasonably capable of facilitating the performance of heavy-duty work.

Why Section 240 Matters

• Protection for Workers: The law emphasizes that the safety of workers is paramount, holding contractors and property owners accountable for the structural integrity of scaffolding.
• Legal Implications: Failure to comply with these provisions can result in serious legal consequences, including financial penalties and lawsuits.
• Prevention of Workplace Injuries: By providing proper safety measures, the law aims to reduce the risk of serious injury or death on construction sites.

Takeaways

Section 240 establishes clear guidelines for ensuring that workers on New York construction sites are protected from falling or being injured by defective scaffolding. As such, it is absolutely essential for contractors, building owners, and other construction professionals to comply with these regulations — not only to avoid penalties but to also prioritize the health and safety of their employees.

Hurt On A NYC Construction Site? CALL NOW!

If you or a loved one has been injured on a NYC construction site, you shouldn't wait to start recovering. That's because the clock is ticking, putting your financial future in jeopardy.

To play it safe and protect yourself and the ones you love, call Schwartzapfel Lawyers at 516-342-2200 or schedule your free consultation online today.

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