Bill S2285-2013

Exempts owners of farms and the owners of multiple dwellings from the scaffold law in certain instances

Exempts owners of farms and the owners of multiple dwellings from complying with the scaffold law in certain instances.

Details

Actions

  • Jan 8, 2014: REFERRED TO LABOR
  • Jan 15, 2013: REFERRED TO LABOR

Memo

BILL NUMBER:S2285

TITLE OF BILL: An act to amend the labor law, in relation to the use of scaffolding and other devices for use by employees

PURPOSE: To amend the labor law as it pertains to the scaffold law to exempt owners of farms and multiple dwellings from its provisions.

SUMMARY OF PROVISIONS: This legislation would amend sections 240 and 241 of the Labor Law to extend certain exceptions currently applicable to owners of one and two-family dwellings to owners of farms and owners of multiple dwellings who contract for but do not direct or control the work.

JUSTIFICATION: Currently, pursuant to Labor Law §§ 240 and 241, all contractors and owners and their agents, except for the owners of one and two-family dwellings who contract for but do not direct or control the work, are absolutely liable for injuries sustained on their premises due to an unsafe workplace. Owners of farms and owners of multiple dwellings are similar to owners of one and two-family dwellings in that they often contract for but do not direct or control the work being performed on their premises. There is no compelling reason why a farm owner or owner of a multiple dwelling should be held liable for injuries sustained as the result of an unsafe workplace where they have no direction or control over such workplace. As such, this legislation would extend the existing exception to include owners of farms and multiple dwellings that do not direct or control the work being performed on their premises.

LEGISLATIVE HISTORY: 2005: Referred to Labor 2007: A.2426 01/17/2007: Referred to Labor 01/09/2008: Referred to Labor 05/20/2008: Held for Consideration in Labor 06/08/2010: A.909 - Held for Consideration in Labor

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2285 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed 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 ASSEM- BLY, 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 point- ing 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 oper- ated 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 forty- seven 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 archi- tects or landscape architects arising under the common law or any other provision of law. S 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: 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 construct- ing or demolishing buildings or doing any excavating in connection ther- ewith, shall comply with the following requirements: S 3. This act shall take effect immediately.

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