NY State Senate Bill 2021-S8223

Senate Bill S8223

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2022	referred to labor

2021-S8223 (ACTIVE) - Details

See Assembly Version of this Bill:: A5727
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§240 & 241, Lab L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A909
2011-2012: A1359
2013-2014: A379
2015-2016: A3609
2017-2018: A1602
2019-2020: A1937
2023-2024: A2024

2021-S8223 (ACTIVE) - Summary

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

2021-S8223 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8223

SPONSOR: RATH
 
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 OR GENERAL IDEA OF BILL::

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 SPECIFIC 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 § S 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 prem-
ises.

 
PRIOR LEGISLATIVE HISTORY::

2005 - A.5762 - Labor (Nesbitt)

2006 - A.11126 - Labor (Hawley)

2008 - A.2426 - Labor 2010 - A.909 - Labor

2012 - S.4998 (Ball)/A.1359 - LABOR/Labor

2014 - S.2285 (Ball)/A.379 - LABOR/Labor

2016 - A.3609 - Labor

2018 - A.1602 - Labor

2020 - A.1937 - Labor

 
FISCAL IMPLICATIONS::

Undetermined.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2021-S8223 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8223
 
                             I N  S E N A T E
 
                             February 3, 2022
                                ___________
 
 Introduced  by  Sen.  RATH  --  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.
   § 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
 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:
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02170-01-1

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