senate Bill S2285

2013-2014 Legislative Session

Exempts owners of farms and the owners of multiple dwellings from the scaffold law in certain instances

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Jan 15, 2013 referred to labor

S2285 - Bill Details

See Assembly Version of this Bill:
A379
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §§240 & 241, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4998, A1359
2009-2010: A909

S2285 - Bill Texts

view summary

Exempts owners of farms and the owners of multiple dwellings from complying with the scaffold law in certain instances.

view sponsor memo
BILL NUMBER:S2285

TITLE OF BILL: An act to amend the labor law, in relation to the use
of scaffolding and other devices for use by employees

PURPOSE: To amend the labor law as it pertains to the scaffold law to
exempt owners of farms and multiple dwellings from its provisions.

SUMMARY OF PROVISIONS: This legislation would amend sections 240 and
241 of the Labor Law to extend certain exceptions currently applicable
to owners of one and two-family dwellings to owners of farms and
owners of multiple dwellings who contract for but do not direct or
control the work.

JUSTIFICATION: Currently, pursuant to Labor Law §§ 240 and 241, all
contractors and owners and their agents, except for the owners of one
and two-family dwellings who contract for but do not direct or control
the work, are absolutely liable for injuries sustained on their
premises due to an unsafe workplace. Owners of farms and owners of
multiple dwellings are similar to owners of one and two-family
dwellings in that they often contract for but do not direct or control
the work being performed on their premises. There is no compelling
reason why a farm owner or owner of a multiple dwelling should be held
liable for injuries sustained as the result of an unsafe workplace
where they have no direction or control over such workplace. As such,
this legislation would extend the existing exception to include owners
of farms and multiple dwellings that do not direct or control the work
being performed on their premises.

LEGISLATIVE HISTORY: 2005: Referred to Labor 2007: A.2426 01/17/2007:
Referred to Labor 01/09/2008: Referred to Labor 05/20/2008: Held for
Consideration in Labor 06/08/2010: A.909 - Held for Consideration in
Labor

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2285

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed 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:
  All contractors and owners and their agents, except OWNERS  OF  FARMS,
owners  of one and two-family dwellings AND OWNERS OF MULTIPLE DWELLINGS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00227-01-3

S. 2285                             2

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.