Labor Law §§240 and 241(6) have not been significantly amended since 1980 (when the Legislature exempted owners of one- and two-family dwellings who do not direct or control the work). The untold story is that each year, business and insurance interests lobby for very significant "reforms" (some would say "deforms") of those laws. The bills’ proponents typically argue that New York is alone in imposing "absolute liability" as to work site accidents and that the resultant insurance costs place a unique and undue burden upon New York landowners and builders.
This article examines this year’s proposed "reforms." We also examine whether other states have "scaffold laws" similar to New York’s Labor Law §240. In a future column, we examine the manner and extent to which New York’s common law rules differ from those of other states, whether New York law is actually "tougher" on owners and builders than that of other states, and whether New York’s approach makes any sense from a policy perspective.
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