Those of us who work in New York City office buildings have seen workers dangling outside our windows while cleaning the large glass panes. It is obvious that the work they perform is extremely dangerous. It is difficult to imagine that the courts could even contemplate denying these workers the height-related protection of Labor Law �240(1) should one of them suffer a catastrophic accident. Nonetheless, even though “cleaning” is an enumerated activity under the absolute liability provisions of Labor Law �240(1), some courts have balked at applying this statute to window washers, holding that Labor Law �202, which specifically addresses window washers, is their exclusive remedy. It is timely that the Court of Appeals has finally eliminated the uncertainties and brought these workers definitively within the scope of �240(1).
The Facts of ‘Bauer’
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