CHAUTAUQUA COUNTY MOTION NO. __-14
TITLE: Supporting Necessary Reforms to New York Labor Law
AT THE REQUEST OF: Chairman Gould, Legislators Borrello, Himelein, Runkle and Wilfong, and County Executive Horrigan
WHEREAS, New York Labor Law §240 and §241, commonly known as the "Scaffold Law," outlines liability for injuries caused by an employee’s fall from a height; and
WHEREAS, the laws impose strict liability on employers and owners of building if a worker falls from any height; and
WHEREAS, the law was first imposed in 1885 at a time when worker safety was largely neglected in New York State and at a time when modern safety equipment and scaffolding techniques did not exist; and
WHEREAS, the Scaffold Law has caused a dramatic increase in construction costs due to increased insurance required for employers in the construction business, causing New York State to have the highest general liability insurance costs in the nation; and
WHEREAS, the Scaffold Law is a boon to personal injury lawyers as half of the 30 largest law suits in the state stem from Scaffold Law issues and while scaffold related injuries have decreased in the past 20 years the number of Scaffold Law claims has increased 500 percent; and
WHEREAS, New York is the only state in the country to impose a construction law like the Scaffold Law that imposes strict liability on the employer; further it is one of a very few laws that mandate strict liability in the State of New York; and
WHEREAS, the increase in costs in New York drives away investment in our infrastructure when developers and contractors can get better rates in other states; and
WHEREAS, not only does the law drive away out-of-state investment in infrastructure but the lost investment to other states also serves to decrease the number of new construction jobs created every year, making it more difficult for many of New York’s skilled laborers to find appropriate employment; and
WHEREAS, recent studies by SUNY’s Nelson Rockefeller Institute of Government suggests that workers are more likely to be injured due to the current version of the Scaffold Law; and
WHEREAS, this was based off statistics on construction injuries in Illinois that show a decrease in work related injuries since the 1995 repeal of its Scaffold Law at a much quicker pace than here in New York; and
WHEREAS, following the removal of the Illinois Scaffold Law, the state also found an increase in the number of construction jobs created on an annual basis; and
WHEREAS, comparative negligence standards would help maintain worker safety while decreasing some of the insurance costs related to implementation of the current Scaffold Law; and
WHEREAS, this negligence standard under the Scaffold Law would not ban recovery for an injured worker due to their own negligence, but would allow the employer to bring issues with employee culpability to mitigate the damages in cases where the worker’s actions contributed to his or her injury; and
WHEREAS, federal regulations have been enacted that attempt to protect workers from injury by falls by requiring certain precautions to be in place for people working at height and allows an outlet for workers concerned about their safety to engage federal review of any worksite for compliance with these regulations.
NOW, THERFORE BE IT
KNOWN, That the Chautauqua County Legislature is strongly in support of the Scaffold Law reform as well as meaningful protection of construction workers; and be it further
KNOWN, That the Chautauqua County Legislature supports the New York Legislature’s bills S111 (Gallivan) and A03104 (Morelle) which seek to impose comparative liability standards for work place accidents involving falls from height; and be it further
MOVED, That the Clerk of the Legislature shall forward certified copies of this Motion to Governor Andrew M. Cuomo, Senator Catharine Young, Assemblyman Andrew Goodell, Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Assembly Minority Leader Brian Kolb, the New York State Association of Counties (NYSAC) and all others deemed necessary and proper.
Whats Right for Chautauqua County 