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As an organization dedicated to supporting safety and best practices in the construction industry, one law gets in our way. Known as the Scaffold Law, this archaic statute from 1885 does nothing to improve worker safety but holds contractors and property owners liable for any gravity-related injuries, regardless of the worker’s responsibility.
We finally have an opportunity for reform. Lawmakers should support Congressman Nick Langworthy’s Infrastructure Expansion Act – a critical piece of legislation to pre-empt New York’s Scaffold Law on federally funded projects. It’s a step in the right direction that would also apply pressure in Albany to repeal the law.
All other states use a comparative negligence standard, meaning each party’s contribution to an incident is considered. In New York, if a worker failed to follow safety protocols or showed up intoxicated, building owners and contractors are liable.
And the law has not delivered safety. Construction worker accidents are more prevalent in New York than in other states. In 2023, New York experienced 10.4 construction industry deaths per 100,000 workers. New Jersey saw seven, Pennsylvania 7.9 and Texas and Florida 9.9 and 10.1, respectively.
If the Scaffold Law does nothing to protect worker safety, who does it benefit? The answer: a small but powerful group of trial lawyers and union lobbyists who benefit from the status quo. Albany refuses to act because of the unfortunate control those groups have over the Legislature.
As a result, it has created a market for fake construction accidents, orchestrated medical and legal procedures, and widespread insurance fraud. The Rockefeller Institute estimated that the law adds approximately $785 million annually to public construction expenses. The new Micron plant in Onondaga County is one of the biggest technology investments in Central New York, but far more expensive to build thanks to the law.
The same can be said for affordable housing, schools, libraries and critical infrastructure projects. Insurance premiums in New York are also five to 10 times higher than in other states that use comparative negligence.
The case is clear, and Langworthy’s bill would be a first step. A full repeal in Albany should follow.