The article discusses the historical context and evolution of safety regulations in New York construction, focusing on the scaffold law of 1885 and its subsequent amendments. Initially enacted due to high fatality rates among workers, the law established absolute liability for safety failures. The mid-20th century amendment further clarified responsibilities for property owners and contractors, explicitly outlining the required safety measures. Despite these measures, construction remains a high-risk profession, as evidenced by increasing fatalities in recent years, highlighting the ongoing need for improvement in worker safety standards.
In 2022, 24 construction workers died on the job - up from 20 in 2021 - despite construction accounting for only 3.1% of all jobs in the city.
This early law introduced the concept of absolute liability: owners and contractors were held strictly responsible if they failed to provide adequate safety devices for workers.
The New York State legislature passed its first scaffold law to protect construction workers who were exposed to the dangers of working at heights.
Once again, workers were suffering and dying from height-related accidents, prompting an amendment to Labor Law § 240(1) to enforce strict liability.
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