All areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places. The commissioner may make rules to carry into effect the provisions of this subdivision, and the owners and contractors and their agents for such work, except owners of one and two-family dwellings who contract for but do not direct or control the work, shall comply therewith.This law makes owners and general contractors responsible for ensuring that the New York State Industrial Code is not violated at their work sites, and allows injured construction workers to file a lawsuit to recover damages for pain and suffering if they suffer an injury caused by a violation of the Industrial Code.
Under Labor Law 241(6), the owner and general contractor can be held liable regardless of whether the owner or general contractor directed or controlled the work. Cunha v City of New York, N.Y.3d 504 (2009). Not every provision of the industrial code is specific enough to give rise to liability, however, and the worker's own negligence will be considered. Misicki v Caradonna, 12 N.Y.3d 511 (2009). The owner or general contractor may also argue that the injuries were caused by something other than a violation of the industrial code, and there may be other parties (such as the equipment manufacturer) who are responsible. Pavlou v. City of New York, 8 N.Y.3d 961 (2007).
The Industrial Code contains numerous detailed provisions regarding specific hazards common to construction sites. Below is a list of some of the more common ones.
Tools and Equipment.
- Hand tools must be kept in good repair, free from burs or cracks.
- power-driven machines, such as saws and belts, must have proper guards to protect workers from cutting and tearing injuries to their hands and feet. A common example of a violation of this rule is circular or bench saws where the safety guard has been broken or removed.
- Jacks, forklifts, and other lifting devices must be well maintained and properly rated for the load they are required to carry
- Safety goggles must be provided to workers exposed to risk of eye injury, and a hard hat or helmet must be provided to workers exposed to risks from falling or flying objects.
- Stairways must be safely constructed and have guard rails that meet particular specifications.
- Proper lighting must be provided
- Walls, concrete, and steel work must have shoring or bracing during construction or demolotion
- Flooring must be stable and secure
- Electricity must be turned off or, it if cannot be turned off, proper protection must be taken.
- Compressed gas containers, lines, and hoses must be properly stored and kept safe
- Explosives must be handled with care, and in compliance with particular regulations
- Proper protective clothing must be provided if workers are exposed to toxic or corrosive chemicals, and respirators must be provided to workers exposed to toxic fumes.
- Workers exposed to a risk of falling must be provided with safety harnesses, lifelines, nets, scaffolding, roof brackets, and other safety devices where appropriate.
- Materials stored at a height must be properly secured to prevent falling;
- Shafts must have proper guards and warnings.
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- Out Of Possession Landlords May Still Be Responsible For Construction Accidents On Their Property
- Whether A Property Is A One- Or Two-Family Dwelling Under The Labor Law Depends Upon The Site And Purpose Of The Work
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