New York Must Safeguard Labor Protections For Workers
In late April, a vacant five-story building collapsed in Tribeca in the early morning. Luckily, no one was on the street at that time in the morning and construction crews working on nearby buildings hadn't yet reported for work -- the only casualty was an old car that sat on the street in front of the structure. It was later discovered that inspectors had been out to the building the week of the collapse and told the building's owner that the structure needed to be reinforced internally and externally. The owner was waiting for a permit to demolish the structure and only put corner braces on the building. Further investigation revealed that the owner had received four open violations for failure to safely maintain the building since 2007.
Even though no one was hurt when the Tribeca building gave way, the story is yet another example of the need in New York not only for strong health and safety regulations, but also for even-handed enforcement of these laws. It does no good for the public, those repairing these buildings or those constructing new ones if the laws are not enforced.
Past Efforts to Limit New York's Worker Protection Laws
In 2008, there was yet another push in Albany by a pro-builders coalition to rewrite and weaken the state's labor laws. Specifically, certain conservative members of the New York legislature, insurance companies, and contractors and builders lobbied the state to amend New York's Scaffold Law, Labor Law 240.
Labor Law 240 imposes strict liability on building owners and general contractors who fail to provide safe scaffolds, harnesses, hoists and other equipment used by employees working at elevated heights. If workers are injured when using any of this equipment, the building owner and general contractor may be held liable for the injury.
The parties seeking to change the law wanted to allow juries to shift the burden of proof from the building owners and general contractors to the workers. They contended that the current law did not allow contractors and building owners an opportunity to defend themselves, particularly in cases when the employee's own negligence caused the injury.
Additionally, the pro-builders group argued that the Scaffold Law has led to increased general liability insurance rates for contractors; they argue that some insurance companies have concluded that the risk is too great to insure contractors in New York and have refused to offer general liability coverage altogether. According to these parties, this has led to a decrease in the number of contractors working in New York, which has in turn affected for the state's already suffering economy. Thus, they claim without a change to the New York's Scaffold Law, the state will continue to lose out on important business opportunities because the liability risks are simply too high.
Labor Laws Protect Those Who Need it the Most: The Workers
The problem with the pro-business argument is that it fails to take into consideration how their proposed changes to the law will affect workers. The purpose of New York's labor laws is to protect workers from unsafe working conditions and unscrupulous employers who will do anything to save a buck, including not providing their employees with safe equipment and proper safety gear.
Even with the current system of state and federal laws, thousands of construction workers are injured on-the-job each year. Just last year there were two devastating high-rise crane accidents in the city that collectively left 9 dead and 25 people seriously injured. In one of the accidents, it was discovered that a cracked and repaired turntable on the crane may have contributed to its collapse. In the other accident, the city inspector filed false inspection reports, meaning the crane had not received a proper inspection to determine if it was fit for use before the accident happened. The rigger who was in charge of overseeing the raising of the crane's tower also has been charged with reckless and negligent rigging practices in connection with the accident.
What these accidents highlight is a need for improved oversight of the safety of construction job-sites, not a reduction in worker safety protections. Construction workers put their lives on the line to build and repair our businesses and homes. Providing a safe workplace free from known hazards is the very least that should be expected of their employers.
Contact an Experienced Construction Accident Lawyer
General contractors and building owners have certain duties under New York's laws to provide a safe working environment for their workers, including educating workers on the proper safety precautions to take in operating equipment and performing their jobs. They also have a duty to maintain the safety of any equipment or tools used by their employees.
If you have been injured on-the-job or have lost a loved one in a construction accident, it is important to contact the right attorney. A lawyer with experience in construction accidents and knowledge of New York's labor laws can evaluate your case and determine the best course of action to take. There are limits on the amount of time you have to file a claim. Letting your employer get away with violating state and federal health and safety regulations could place other workers at risk.
Reference: Arye, Lustig & Sassower, P.C.
Even though no one was hurt when the Tribeca building gave way, the story is yet another example of the need in New York not only for strong health and safety regulations, but also for even-handed enforcement of these laws. It does no good for the public, those repairing these buildings or those constructing new ones if the laws are not enforced.
Past Efforts to Limit New York's Worker Protection Laws
In 2008, there was yet another push in Albany by a pro-builders coalition to rewrite and weaken the state's labor laws. Specifically, certain conservative members of the New York legislature, insurance companies, and contractors and builders lobbied the state to amend New York's Scaffold Law, Labor Law 240.
Labor Law 240 imposes strict liability on building owners and general contractors who fail to provide safe scaffolds, harnesses, hoists and other equipment used by employees working at elevated heights. If workers are injured when using any of this equipment, the building owner and general contractor may be held liable for the injury.
The parties seeking to change the law wanted to allow juries to shift the burden of proof from the building owners and general contractors to the workers. They contended that the current law did not allow contractors and building owners an opportunity to defend themselves, particularly in cases when the employee's own negligence caused the injury.
Additionally, the pro-builders group argued that the Scaffold Law has led to increased general liability insurance rates for contractors; they argue that some insurance companies have concluded that the risk is too great to insure contractors in New York and have refused to offer general liability coverage altogether. According to these parties, this has led to a decrease in the number of contractors working in New York, which has in turn affected for the state's already suffering economy. Thus, they claim without a change to the New York's Scaffold Law, the state will continue to lose out on important business opportunities because the liability risks are simply too high.
Labor Laws Protect Those Who Need it the Most: The Workers
The problem with the pro-business argument is that it fails to take into consideration how their proposed changes to the law will affect workers. The purpose of New York's labor laws is to protect workers from unsafe working conditions and unscrupulous employers who will do anything to save a buck, including not providing their employees with safe equipment and proper safety gear.
Even with the current system of state and federal laws, thousands of construction workers are injured on-the-job each year. Just last year there were two devastating high-rise crane accidents in the city that collectively left 9 dead and 25 people seriously injured. In one of the accidents, it was discovered that a cracked and repaired turntable on the crane may have contributed to its collapse. In the other accident, the city inspector filed false inspection reports, meaning the crane had not received a proper inspection to determine if it was fit for use before the accident happened. The rigger who was in charge of overseeing the raising of the crane's tower also has been charged with reckless and negligent rigging practices in connection with the accident.
What these accidents highlight is a need for improved oversight of the safety of construction job-sites, not a reduction in worker safety protections. Construction workers put their lives on the line to build and repair our businesses and homes. Providing a safe workplace free from known hazards is the very least that should be expected of their employers.
Contact an Experienced Construction Accident Lawyer
General contractors and building owners have certain duties under New York's laws to provide a safe working environment for their workers, including educating workers on the proper safety precautions to take in operating equipment and performing their jobs. They also have a duty to maintain the safety of any equipment or tools used by their employees.
If you have been injured on-the-job or have lost a loved one in a construction accident, it is important to contact the right attorney. A lawyer with experience in construction accidents and knowledge of New York's labor laws can evaluate your case and determine the best course of action to take. There are limits on the amount of time you have to file a claim. Letting your employer get away with violating state and federal health and safety regulations could place other workers at risk.
Reference: Arye, Lustig & Sassower, P.C.