The New York Scaffold Law is a hot
topic among many construction businesses. Even though, right now, the
law only exists in New York, many people think its impact may
eventually cause other states to adopt similar laws.
Whether the law spreads or not remains
to be seen. However, construction professionals should familiarize
themselves with this law and its implications just in case the same
or similar laws are adopted elsewhere.
The Basics of the Law
First, one must understand what the law
entails.
Under the New York Scaffold Law, any
owner or manager of a construction site is required to provide
mandated safety equipment to all workers. This safety equipment is
largely designed to protect workers in the event of a fall.
If safety equipment was not provided or
safety regulations were not met and someone is injured or killed, the
person in charge can be held legally responsible for the accident.
The Financial Impacts of the Law
While many argue that the scaffold law
is unfair and puts undue pressure on the construction companies that
must obey it, others are more concerned with its financial impacts.
Due to the extreme liability that
construction companies face under this law, insurance costs are
extremely high. The purchase of additional safety equipment affects
overall costs as well.
On private jobs, this cost increase
affects only the company. On public jobs, however, the cost increase
affects the entire city right down to the taxpayers.
If other states were to adopt this law
or even parts of this law, they could expect to see the same type of
price increases. In fact, many people believe that cost is the main
reason that the law has not yet spread to other states.
The Legal Ramifications of the Law
One might think that this law would
dramatically decrease the number of construction-related falls and
accidents. However, the opposite has proven to be true. Data
indicates that accidents are actually more likely with this law in
place.
In addition to an increase in
accidents, the state has experienced a huge increase in litigation
brought against construction site managers and other responsible
parties. While some people think this increase is demonstrative of
construction workers and laborers standing up for their rights,
others think unfair abuse of the system is at play.
In any event, liability is almost
always assumed when a case of this type is brought to trial, if it
even makes it that far. The thinking is often that if proper safety
procedures were followed exactly, the accident would not have
occurred at all.
The Personal Impacts of the Law
Though feelings about this law are
obviously mixed, it does affect many workers on a personal level.
For example, workers feel safer and
more protected at work. They also do not have the financial
responsibility of buying their own scaffolding-related safety gear
and equipment or the responsibility of remembering to bring it to
every worksite and to set it up properly.
For many workers, these impacts are
greatly appreciated, and worker feedback is a key reason that other
states may adopt the law or parts of it in the future.
Ultimately, whether or not this law
will spread in the way so many predict is unclear. However,
construction managers around the nation would do well to adopt some
of the safety regulations put in place by the New York Scaffold Law.
While construction managers in other
states might not face the same liability as those in New York, they
do still owe it to their workers to protect them as fully as
possible. To extend this courtesy to your own crew, contact the
safety experts at Pacific
Scaffold Co. Inc.
