The Scaffold Law is a

New York State New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

that holds employers and property owners fully liable when an employee becomes injured due to a gravity-related fall while working at high elevations without proper safety equipment. The law was enacted in 19th century and is contained in New York State Labor Law § 240/241. Critics and politicians have blamed the law for driving up public construction costs in New York State. New York State is the only state that imposes an absolute liability penalty in gravity-related injury cases (Illinois repealed their similar law in 1995).

History

The Scaffold Law was enacted by the

New York State Legislature The New York State Legislature consists of the Bicameralism, two houses that act as the State legislature (United States), state legislature of the U.S. state of New York (state), New York: the New York State Senate and the New York State Assem ...

in 1885. The law was enacted at a time in the nation's history when the federal government had not yet enacted widespread worker protection such as the

Occupational Safety and Health Administration The Occupational Safety and Health Administration (OSHA; ) is a regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. The United States Congress established ...

or workers compensation programs. In 1995, the state of Illinois repealed its absolute liability standard law for gravity related injuries, leaving New York as the last and only state with such a statute. There was a lobbying effort in 2013 on behalf of contractors and minority and women owned business enterprises to replace the absolute liability standard with a comparative standard, which would require a jury or arbitrator to determine the amount of negligence cause by an employee. In 2018, United States Congressman

John Faso John James Faso Jr. (; born August 25, 1952) is an American attorney and politician who served as the U.S. representative for from 2017 to 2019. Faso was first elected to the post in 2016. A Republican, Faso previously represented the 102nd di ...

introduced a federal bill that passed the

U.S. Senate The United States Senate is a chamber of the bicameral United States Congress; it is the upper house, with the U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the ...

but seemingly did not pass in the

U.S. House of Representatives The United States House of Representatives is a chamber of the bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Article One of th ...

in February 2018 that would have denied funding to construction projects that impose an absolute liability standard for gravity-related falls.

Controversy

Critics have cited the law for increasing public construction costs, increasing insurance costs, and creating barriers to entry for Minority and Women-Owned Business Enterprises. The

Rockefeller Institute of Government The Rockefeller Institute of Government is the public policy research arm of the State University of New York. The institute conducts nonpartisan research and analysis on state and local government and finance, American federalism, public manageme ...

has blamed the law for costing taxpayers $785 million a year.

Habitat for Humanity Habitat for Humanity International (HFHI), generally referred to as Habitat for Humanity or Habitat, is a U.S. non-governmental, and tax-exempt 501(C)(3) Christian nonprofit organization which seeks to build affordable housing. The international ...

blamed the law for creating obstacles in rebuilding attempts after

Hurricane Sandy Hurricane Sandy (unofficially referred to as Superstorm Sandy) was an extremely large and devastating tropical cyclone which ravaged the Caribbean and the coastal Mid-Atlantic (United States), Mid-Atlantic region of the United States in late ...

. Congressman Faso has blamed the law for adding $200 million to the cost of the

new Tappan Zee Bridge New or NEW may refer to: Music * New, singer of K-pop group The Boyz * ''New'' (album), by Paul McCartney, 2013 ** "New" (Paul McCartney song), 2013 * ''New'' (EP), by Regurgitator, 1995 * "New" (Daya song), 2017 * "New" (No Doubt song), 1 ...

. Two state congress members also noted that the law is the last and only absolute liability law in the country for gravity-related construction falls.

References

{{Portal, Law, New York (state), Politics Construction law New York (state) law Politics of New York (state) 1885 establishments in New York (state)