The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   909

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. HAWLEY, KOLB, BURLING, CROUCH, ERRIGO -- Multi-
  Sponsored by -- M. of A. BACALLES, BARCLAY, CONTE, GIGLIO -- read once
  and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to the use of scaffolding and
  other devices for use by employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 240 of the labor law, as amended
by chapter 241 of the laws of 1981, is amended to read as follows:
  1.  All contractors and owners and  their  agents,  except  OWNERS  OF
FARMS,  owners  of  one  and two-family dwellings AND OWNERS OF MULTIPLE
DWELLINGS who contract for but do not direct or control the work, in the
erection, demolition, repairing, altering, painting, cleaning or  point-
ing  of  a  building or structure shall furnish or erect, or cause to be
furnished or erected for the performance  of  such  labor,  scaffolding,
hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons,
ropes, and other devices which shall be so constructed, placed and oper-
ated as to give proper protection to a person so employed.
  No  liability  pursuant to this subdivision for the failure to provide
protection to a person so employed  shall  be  imposed  on  professional
engineers  as  provided  for  in  article  one hundred forty-five of the
education law, architects as provided for in article one hundred  forty-
seven of such law or landscape architects as provided for in article one
hundred  forty-eight  of  such law who do not direct or control the work
for activities other than planning and design. This exception shall  not
diminish or extinguish any liability of professional engineers or archi-
tects  or landscape architects arising under the common law or any other
provision of law.
  S 2. The opening paragraph of section 241 of the labor law, as amended
by chapter 670 of the laws of 1980, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00744-01-9

A. 909                              2

  All contractors and owners and their agents, except OWNERS  OF  FARMS,
owners  of one and two-family dwellings AND OWNERS OF MULTIPLE DWELLINGS
who contract for but do not direct or control the work, when  construct-
ing or demolishing buildings or doing any excavating in connection ther-
ewith, shall comply with the following requirements:
  S 3. This act shall take effect immediately.