Coalition Calls on Governor to Reform Scaffold Law

Today, the Scaffold Law Reform Coalition sent a letter Governor Cuomo and the Mandate Relief Council urging support of reform to New York’s antiquated “Scaffold Law”.

See excerpt from press release:

FOR IMMEDIATE RELEASE: New York’s municipalities pay over $1 billion each year for total claims and legal judgments, including increased liability under the Scaffold Law.  A broad coalition of advocacy groups, representing small and large businesses, contractors, farmers and municipalities recently issued a letter to Governor Cuomo and the Mandate Relief Council asking for their support in reforming the Scaffold Law.  The law, which dates back to the 1880s, holds contractors and property owners absolutely liable for workplace injuries, regardless of fault – driving up insurance and building costs across the state.  New York is the only state to still have the law on the books.

“At a time when communities all across the state are facing some of their greatest fiscal challenges, any efforts to protect local governments from additional financial exposure by affording them their right to due process must be given the utmost consideration,” said Peter Baynes, Executive Director of the New York Conference of Mayors.

The coalition also highlighted the effect of the Scaffold Law on state spending.  “Governor Cuomo has strongly supported mandate relief and increased infrastructure spending.  Reforming the Scaffold Law would relieve our communities of this burdensome and outdated mandate and allow our state’s infrastructure dollars to go further,” said Tom Stebbins, Executive Director of the Lawsuit Reform Alliance of New York.

Read the full press release

Read the letter

Renewed Push to Reform Scaffold Law

The Law Firm of Goldberg Segalla, LLP, recently posted and excellent piece on the Scaffold Law and efforts to reform it:

"New York’s antiquated Labor Law Sections 240 and 241 — the statutes that often unfairly impose absolute liability on owners and general contractors in accidents involving falls on a construction site — have long been the source of immense legal and financial strain for contractors, developers, insurers, municipalities, school districts, and others involved in building projects. But the movement to reform the state’s Scaffold Law is coming back to life, thanks to renewed consideration of bills pending in both the Assembly and the Senate. All companies, public entities, and insurers with a stake in construction projects in New York should keep a close eye on this issue and voice their support of this legislation.

Read the full post here.

It's high Time New York Reformed the Scaffold Law

A letter to the editor in Saturday's Syracuse Post Standard by Mary Thompson of the Home Builders and Remodelers of Central New York called for reform to the antiquated Scaffold Law.

"Sen. Patrick Gallivan, R-Elma, recently introduced a bill to reform New York's antiquated Scaffold Law. The Scaffold Law was first enacted in 1885, a time when it was needed, as tall buildings in New York City were being built and if a worker fell and was hurt, he was simply replaced with another worker. 

Luckily, since then the Occupational Safety and Health Administration (OSHA) and Workers' Compensation have been put in place, and these regulations have addressed the problem. Yet, Labor Laws 240/241 (the Scaffold Laws) remain in place, allowing only for lawsuits. The cost of these lawsuits increases insurance costs and the overall cost of doing business in New York."

Read the full article here.