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Posted by Rojas Riis on February 6th, 2021

The Occupational Safety and Health Administration (OSHA), a federal agency that mandates safety requirements and tracks worker injuries and deaths across the U.S., reports the “fatal four” accidents in the U.S. construction industry include: According to OSHA, these injuries account for 20.7% of all worker fatalities across all industries in the nation. Fortunately, New York construction workers, including independent contractors, have strong legal protection to recoup their injuries.

All construction workers should be familiarised and understand New York Labor Law Section 240 (also known as the “Scaffolding Law”), along with Sections 200 and 241, which also protect New York construction workers. New York Labor Law 200 protects the rights of both workers and any visitors to the job site. It is structured to ensure construction company owners and contractors take reasonable steps to give workers a safe working environment.

According to this New York State Labor Law section, it is the owners and contractors' general duty to make sure all equipment, machinery, and devices are positioned, operated, and guarded securely. Section 200 also protects visitors and indicates the job site must have adequate lighting and guardrails. If officials discover a dangerous situation, notice is placed on warning all workers and visitors of the danger. Placement of this notice means any equipment, machinery, or devices are prohibited from use until the problem is corrected and the information is removed.

Section 240 of New York State Labor Law, the “Scaffolding Law”, protects the rights of construction workers who suffer a fall or are struck by a falling object. This legal requirement mandates construction owners and contractors to provide scaffolding and other safety measures to protect workers. Reasonable steps include scaffolding, hoists, ladders, slings, hangers, pulleys, ropes, and stays, to name a few. If an accident has occurred, an attorney can examine the situation and determine if the injury is covered under Section 240.

. 240 area code section 240 also excludes owners of one and two-family dwellings which do not control the work being performed from responsibility, unless they took direct oversight of a project. Owners of larger residential or commercial buildings are automatically liable if an accident occurs under Section 240.