What's happening
This bill exempts farm owners and certain multiple dwelling owners from liability for scaffold law requirements if they do not direct or control the work.
Why it matters
Limits liability for farm and certain multiple dwelling owners. By exempting owners of farms and multiple dwellings (who don’t direct or control construction work) from scaffold law liability, the bill could reduce legal and insurance costs for these owners, potentially making it easier and more affordable for them to undertake building projects.
Addresses rural and affordable housing concerns. The change especially benefits rural property owners and landlords of multi-unit housing, who often have less direct involvement in construction work but face high insurance premiums due to strict liability under the current law. This could encourage more maintenance and improvement of farm and rental properties.
Shifts risk considerations for workers. By narrowing who can be held liable when safety protections fail, the bill may shift some of the risk to contractors or workers themselves. This could impact the ability of injured workers to recover damages, especially if the actual owner is exempt and the contractor is underinsured or insolvent.
Potentially alters construction industry practices. The amendment could influence how construction contracts are written and managed, with a clearer distinction between those who direct/control work (and thus retain liability) and passive property owners, possibly impacting oversight and safety accountability on job sites.
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Who cares
Headline styles
Exempt Farms from Scaffold Law
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Held for consideration in labor
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1937
2019-2020 Regular Sessions
IN ASSEMBLY
January 18, 2019
Introduced by M. of A. HAWLEY, KOLB, CROUCH -- Multi-Sponsored by -- M. of A. BARCLAY, GIGLIO -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to the use of scaffolding and other devices for use by employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 240 of the labor law, as amended by chapter 241 of the laws of 1981, is amended to read as follows:
1. All contractors and owners and their agents, except owners of farms, owners of one and two-family dwellings and owners of multiple dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, 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.
No liability pursuant to this subdivision for the failure to provide protection to a person so employed shall be imposed on professional engineers as provided for in article one hundred forty-five of the education law, architects as provided for in article one hundred fortyseven of such law or landscape architects as provided for in article one hundred forty-eight of such law who do not direct or control the work for activities other than planning and design. This exception shall not diminish or extinguish any liability of professional engineers or architects or landscape architects arising under the common law or any other provision of law.
§ 2. The opening paragraph of section 241 of the labor law, as amended by chapter 670 of the laws of 1980, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02094-01-9
A. 1937 2
All contractors and owners and their agents, except owners of farms, owners of one and two-family dwellings and owners of multiple dwellings who contract for but do not direct or control the work, when constructing or demolishing buildings or doing any excavating in connection therewith, shall comply with the following requirements:
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.