Labor Law §240(1) was enacted to protect workers exposed to the hazards of elevation-related differentials. In previous articles we have discussed the expansive nature of recent case law in construing the relevant criteria to determine liability under this statute.1 A perhaps less common but significant issue in certain cases is whether the work that resulted in injury was being performed on a “building or structure” within the scope of the statute. This question may require resolution in addition to examining the other criteria which generally must be satisfied under the statute. While the term “building” speaks for itself, a review of existing case law shows that the term “structure” has been interpreted broadly.
Labor Law §240(1) provides in pertinent part:
Section 240(l). All contractors and owners and their agents…in the erection, demolition, repairing, altering, painting, cleaning or pointing…of a building or structure shall furnish or erect or cause to be furnished and erected for the performance of such labor, scaffolding, hoists, stays, ladders, swings, hangars, blocks, pulleys, braces, irons, ropes and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed. (emphasis added)
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