The proposed amendment to New York’s Worker Safety statute should
not be passed for a number of reasons. Most significantly, this statute
affords protection to construction workers in a manner unlike any other
statute currently enacted within the state.
It is often the case that construction workers and other individuals employed
in similar type labor) frequently do not have enough personal insurance
coverage of their own to cover for personal injuries at the worksite.
Unfortunately, jobs that involve working at high elevation pose a significantly
greater risk of hazard than other types of employment do. As a result,
the combination of inadequate personal insurance coverage with the heightened
risk of danger at these work sites tends to create an environment where
the worker is left to the mercy of their employer.
Furthermore, these employers (considered the “property owners”
and “general contractors” under the statute) are typically
not present at the worksite itself, creating a situation where they are
in control of the construction work but not participating in the actual
oversight of the safety process.
Therefore, it is necessary to maintain strict liability to prevent this
lack oversight from turning into an excuse for not maintaining a safe
work environment. Contractors and property owners should be held accountable
for each and every employee that they hire. As such, this rule is necessary
to ensure that these individuals uphold their obligation to circumvent
any potential for injury by providing safe work environments to their
employees who work at elevated work sites.
For more information on the New York State Labor Law see our article
New York's Labor Law Section 240(1).
Kingston construction accident attorneys can help injured workers seek fair compensation.