Earl R. Hall, Executive Director, Syracuse Builders Exchange
For the past 35 years, construction industry Association executives, myself included, and others have attempted to work with politicians in Albany to reform the antiquated New York State “Scaffold Law” (Labor Law 240), which imposes an absolute liability standard on gravity related injuries to workers – even when the worker is at fault. Generally, these cases are settled out of court between the plaintiff’s attorney and the very few insurance carriers which choose to take on this extraordinary risk exposure in New York. This unique and strict absolute liability standard does not exist in any of the other 49 states, where such gravity related injury claims and lawsuits are subject to a comparative negligence standard. The construction industry’s proposed reform does not take away one’s ability to sue if injured, rather the industry has for decades asked Albany politicians to amend the state’s outdated Labor Law, which was enacted in 1885, to eliminate the absolute liability standard and replace it with a comparative negligence standard.
Earlier this year, Unites States Congressman John Faso (Southern Tier and Hudson Valley) and Congressman Nick Langworthy (Western NY) introduced legislation attempting to remedy the “Scaffold Law” on any project (including those in the state of New York) which receives federal funding via H.R. 3548 (Langworthy), legislation which would preempt the NYS “Scaffold Law” on federally funded projects.
The bill would require a contributory negligence standard to be used to assess fault for injury accidents occurring on federally funded or subsidized projects. All 49 other states use contributory negligence as the legal standard; only New York state utilizes strict or absolute liability on property owners and contractors.
New York’s “Scaffold Law” does not improve worker safety. All federal data prove that rates of fatality and injury on construction sites in New York are no better, and often worse, than in other states. Additionally, many insurance carriers have chosen not to underwrite general liability insurance in New York state for contractors due to Labor Law 240, and the associated high-risk exposure.
The congressional bill would include all federal grants, tax credits, and subsidies. This preemption would be particularly beneficial in reducing insurance and other costs for transportation infrastructure, affordable housing, technology projects, and environmental improvement projects, while opening up the insurance market with more insurance companies reentering the New York construction market.
It is estimated that Labor Law 240 “Scaffold Law”, dating from 1885, increases costs of all building projects in the state by a minimum of between 5-10%. Federal preemption would finally force Albany politicians to change the law for all other projects such as hospitals, schools, municipalities, roads, bridges, and all other private and public construction. Without federal action, nothing will happen in Albany to initiate reform of this expensive, unique, and antiquated law.
Enactment of H.R. 3548 would help lower building construction costs in New York state and help make New York more affordable. Many New York state construction industry Associations, and others engaged in the industry – including taxpayers, are supporting the inclusion of H.R. 3548 in the base text of the pending Surface Transportation Bill in the United States Congress. This bi-partisan legislation is slated for reenactment in the spring of 2026 but is being drafted now.
As New York State’s largest and oldest construction industry Association, representing industrial, commercial, educational and institutional construction contractors, suppliers and manufacturers’ representatives, the Syracuse Builders Exchange is requesting our approximately 1,100 members, and other construction industry stakeholders, to contact your member of congress to request that Chairman Sam Graves (R-MO) and Ranking Member Rick Larsen (D-WA) of the Transportation and Infrastructure Committee include H.R. 3548 in the base text of the Surface Transportation bill.
To lean more about this legislative initiative and how to provide support for “Scaffold Law” reform, please visit www.buildmorenewyork.com .