Construction executives, real estate developers, and anyone else who puts the priorities of business over worker protection have been fighting to have New York’s129-year-old scaffolding law revamped in their favor. But things aren’t looking good. Recently, Gov. Andrew Cuomo spoke out and ruffled feathers when he said he would give up fighting the law, at least for now. His announcement came just a few weeks after the latest scaffolding fatality in NYC.
It can’t be changed, is essentially what Gov. Cuomo said in an interview with Crain’s editorial board. Cuomo said Labor Law 240, which puts 100% liability on contractors and property owners when a scaffold accident happens, is not a top priority as he runs for reelection on a “pro-business platform”. As a matter of fact, it’s not even in his top five priorities.
For Cuomo, it’s a matter of focusing on what will give him the most bang for his buck. And businesses that aren’t construction-related don’t view overhauling the scaffold law as a priority. So, Cuomo won’t be putting much effort into it.
New York’s Scaffold Law Controversy
The scaffold law is over a century old and some argue it’s antiquated and no longer working. The problem, however, is that the businesses don’t want to continue to be held responsible when workers are injured or killed. Right now, they are 100% liable in these cases. When construction workers are put at an increased risk of being involved in an accident, these companies should be the ones footing the bill.
Though it might not be a top priority for the Governor; it is for some. The Business Council of New York State said reforming the law is among its top three legislative priorities. Another group, Unshackle Upstate, has indicated that scaffold law reform is near the top of its list of legislative priorities as well.
These groups are pushing legislators to adjust the law, allowing workers to carry some of the burden if they are hurt in a scaffold accident.
Midtown Construction Worker Killed in Scaffold Accident
Just a few weeks ago, a construction worker on a scaffold outside a Midtown hotel fell to his death. The accident happened outside the Dream Hotel on 55th St. near Broadway. According to CBS New York, the worker fell through an unprotected area of the scaffold where planks had been removed and dropped 80 feet. He landed on a scaffold directly above the entrance to the hotel.
Witnesses said the man was working alone and wasn’t wearing a safety harness. One of them said that throughout the hotel’s renovation, they had repeatedly seen workers at heights without harnesses keeping them safe.
Scaffold Accidents Not Uncommon
OSHA reports some 2.3 million construction workers, about 65 percent of the industry, works on scaffolds. Some 60 deaths and 4,500 injuries are attributed to scaffold accidents every single year, and most of these accidents are completely preventable.
The Bureau of Labor Statistics (BLS) says that 72 percent of workers hurt in scaffold accidents attribute their injuries to planking or support giving way, slipping, or being hit by a falling object—all preventable accidents.
These accidents are prevented by contractors and property owners promoting a culture of safety at the worksite. When a company makes safety a priority, workers do as well. When they don’t, and a construction accident happens, the responsible party should be held responsible.