(Newswire.net — June 20, 2018) — There are lots of dangers that are associated with the construction industry that construction workers all over the world face on a daily basis. Some of the most common threats posed to these workers are those that are associated with working from scaffolding structures. This is a major concern in New York since a vast majority of the city’s buildings are above two stories tall. This means that scaffolding is frequently used by the construction workers here to accomplish certain projects that require demolition, repair, cleaning, painting, and erection.
The scaffold structure is usually built using a series of metal frames and poles. The existing construction laws in New York outline strict requirements that must always be followed when using scaffolds. These regulations include mandatory training courses for all employees who erect and use the scaffold structure. The construction law also requires these individuals to conduct daily inspections of the scaffolding structure and use safety equipment that safeguards their life.
The New York’s Scaffold Law
Away from the construction laws, there is also the Scaffold Law in New York that is commonly referred to as the labor Law 240 and 241 which demands that all contractors and their respective agents should provide adequate protection to their construction workers who face increased dangers and threats to their lives whenever they are working at greater heights.
In coming up with the scaffold law, the lawmakers were more concerned with widespread accounts of severe injuries and deaths in the construction industry and the unsafe conditions that these workers are usually exposed to while working at these heights. There was a significant rise in the number of workplace-related injuries that every construction lawyer was handling in court. Since the lawmakers saw the contractors and their various agents at the job site as the best individuals to control the job site and provide the required safety, they believed that there was a need to have a specific law in place that will help ensure workplace safety.
The primary objective of the New York’s scaffold law is to compel the site owners and contractors to provide a safe working environment to the construction industry workers. According to the U.S Department of Labor, the fatal injury rate in the construction sector is much higher compared to the national average in all the other sectors. The Bureau of Labor Statistics reported more than 4,000 life-threatening work injuries in the construction industry in 2016.
Why the New York’s Scaffold Law Is a Step in the Right Direction
The New York scaffold law requires all site owners and the general contractors to offer their employees with hoists, safe scaffolds, harnesses plus other appropriate personal protective equipment that they will use while working at elevated heights.
The contractors and job site owners can also work closely with a scaffolding lawyer to come up with regulations that seek to punish any worker who ignores the safety directives issued to them. The law comprises three key components that apply directly to the work environment.
The law applies to more than just scaffolds and requires all the contractors and their agents to provide personal safety equipment such as harnesses to their employees. The law also demands that all construction workers must undergo proper training on how to use the equipment at their disposal.
The third critical component of this law is that it allows all construction workers to recover damages from their contractors, subcontractors, and construction site owners, even if these people were not supervising the employees at the job site if the law is violated. The law now gives the workers a chance to retain a scaffolding lawyer to seek justice if they believe that their employee infringed on their rights.
This law now plays a critical role in protecting not only the construction workers but also the members of the general public who are at risk of suffering severe injuries or even death if scaffolding materials collapse or fall. This is the primary reason why this law is subject of much controversy since the contractors and site owners argue that they are unfairly targeted in the efforts to enhance workplace safety in the construction industry. Some contractors argue that they can’t be held accountable for safety failures of incompetent subcontractors or ignorant workers.
The New York State scaffolding law is the only state law that imposes an absolute liability standard on scaffolding related construction accidents. And to put this into perspective further, there is no similar legislation anywhere in the world, however, New Jersey contractors have expressed interest in backing a similar measure there. It is only in New York where the private builder or contractor is held fully responsible for any scaffolding-related accidents even if it is the construction worker who failed to use the provided safety equipment for whatever reason.
Although this may sound strange, it plays a critical role in ensuring workplace safety, especially in the construction industry. This law puts the life of the construction industry workers first before any other thing which is the fundamental principle of humanity.
Why Is Strict Liability Essential to Ensure Workplace Safety?
It is a fact that owners of construction sites and contractors are the best-placed individuals who can control safety at the job site. In fact, the construction workers have little or no control over the equipment at the site and are hardly in a good position to protect themselves in case of an accident. Experts also say that in a typical construction accident, it is difficult to segregate the accident from the contractor or site owner completely.
In every instance, it is the contractor or site owner who would have provided the employee with specific devices to use to complete a specific task, and the worker must comply and use the provided devices to carry out their duties. This is the primary reason why the New York Court of Appeals has constantly stated that the scaffold laws is an absolute liability statute and must be treated as such. The comparative negligence can’t be used as a defense in a claim under this law.
In short, if the site owner or contractor fails to provide proper protection to their employees as required under the law and this leads in a worker’s injury or death, the contractor or site owner will be held responsible for the incident, and the employee can’t be blamed.