Labor Law §240(1) protects workers exposed to the hazards of elevation re-lated differentials. Not only is the statute precise about the types of hazards within its scope, but it specifically enumerates the types of tasks that a worker must be performing. It 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.
Clearly, certain of the enumerated activities specified in the statute, such as painting and pointing, are easily defined. Others have required and continue to demand judicial interpretation. Defining “cleaning” as a covered activity has been one of these more complex issues. It is one of the few types of maintenance activities provided for in the statute. See Smith v. Shell Oil, 85 N.Y. 1000 (1995). In fact, it was not until Broggy v. Rockefeller Group, 8 N.Y.3d 675 (2007), that cleaning was fully recognized as an independent covered activity.
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