Times Union: Commentary: Scaffold Law is hurting New York and the construction industry
By: Claudio Zullo
In 1885, New York enacted what has become one of the most controversial statutes in the construction industry: the Scaffold Law. It was designed to protect workers in an era when industrial accidents were common and workplace regulations were minimal. But over the course of the 20th century, other worker protections were established at the state and federal levels. And today, New York stands alone as the only state that enforces absolute liability for elevation-related accidents — and its construction industry is facing the consequences.
The Scaffold Law imposes a standard of absolute liability on contractors and subcontractors whenever a worker is injured in a fall or other elevation-related accident. Under this standard, the accident is the responsibility of the company, regardless of the worker’s own actions. Even when a company has provided the right equipment, enforced safety protocols, and invested heavily in training, liability for an injury automatically falls on the contractor or owner.
If absolute liability truly worked as an accident deterrent, New York should have the lowest accident rates and construction insurance premiums in the country. Instead, the opposite is true. Construction accidents do not occur less frequently, and the state consistently ranks near the top in accident costs, insurance settlements and litigation expenses. Liability and umbrella insurance premiums are among the highest in the nation, often two or three times those of neighboring states.
The practical effect is devastating. Smaller subcontractors are pushed out of business. Companies decline to bid on projects because the risk is simply too high. The lack of competition inflates construction costs, and taxpayers end up footing the bill. All public projects, including schools, municipal buildings, bridges and roadways cost more to build in New York than they would anywhere else in the country.
Since state leaders won’t change the law, Congress should preempt New York’s law on federally funded projects. U.S. Rep. Nick Langworthy’s Infrastructure Expansion Act would preempt the outdated Scaffold Law and save taxpayers money, but only on federal projects. And federal preemption may finally force state lawmakers to change the law for all construction projects in New York.
The law’s impact is not theoretical; it is felt every day by businesses across New York. It does not make workplaces safer. It just makes building in New York more expensive, crippling much-needed economic development across the state.
The absolute liability standard has also fostered fraudulent and staged accidents. Because liability is automatic, dishonest claims are more difficult to challenge, and settlements are often paid regardless of merit. This climate punishes honest contractors and taxpayers while rewarding abuse of the system.
Repeal or reform of the Scaffold Law would not compromise worker safety. Instead, it would bring New York in line with the rest of the country, where worker protection is achieved through regulation, training and enforcement, not through a posture of absolute liability. It would also restore fairness by ensuring that responsibility is fully investigated, and assigned based on facts, not by default.
New York stands alone in maintaining a law that no other state finds workable or fair. As someone who has spent decades in this industry, my view is clear: It is time for change. New York deserves a legal framework that protects workers, respects fairness and upholds due process for both individuals and corporations. Until that happens, we will continue to pay the price in lost businesses, lost jobs and wasted taxpayer dollars.
Claudio Zullo is president of the Schenectady Steel Company.