S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2024
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. HAWLEY, SMULLEN, ANGELINO, GALLAHAN, LEMONDES,
   MANKTELOW --  Multi-Sponsored  by  --  M.  of  A.  BARCLAY,  DiPIETRO,
   J. M. 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.
   § 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.
                                                            LBD04419-01-3
 A. 2024                             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:
   § 3. This act shall take effect immediately.