Assembly Bill A9128

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9128
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 26, 2025
                                ___________
 
 Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
   tee on Labor
 
 AN  ACT  to  amend  the  general  municipal law, in relation to limiting
   liability for elevation-related construction accidents in  Nassau  and
   Suffolk counties
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The Legislature  finds  that  section
 240  of  the  labor  law,  known as the "Scaffold Law," imposes absolute
 liability on property owners and contractors for elevation-related acci-
 dents regardless of worker negligence. This outdated  framework,  unique
 to  New  York, has led to inflated insurance costs, deterred investment,
 and burdened  local  governments  and  taxpayers  on  Long  Island  with
 hundreds of millions in added project costs.
   The  Legislature  further  finds  that local governments in Nassau and
 Suffolk counties require relief from  these  disproportionate  costs  to
 ensure affordable infrastructure, housing, and economic development.
   §  2.  The  general  municipal  law is amended by adding a new section
 103-h to read as follows:
   § 103-H. LIABILITY STANDARD FOR CONSTRUCTION PROJECTS  IN  NASSAU  AND
 SUFFOLK  COUNTIES. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,
 THE LIABILITY STANDARD UNDER SECTION TWO HUNDRED FORTY OF THE LABOR  LAW
 SHALL  NOT  APPLY  TO PUBLIC OR PRIVATE CONSTRUCTION PROJECTS UNDERTAKEN
 WITHIN THE COUNTIES OF NASSAU AND SUFFOLK.
   2. IN SUCH  COUNTIES,  LIABILITY  FOR  ELEVATION-RELATED  CONSTRUCTION
 INJURIES  SHALL BE DETERMINED ACCORDING TO THE PRINCIPLES OF COMPARATIVE
 NEGLIGENCE SET FORTH IN ARTICLE FOURTEEN-A OF THE CIVIL PRACTICE LAW AND
 RULES.
   3. NOTHING IN THIS SECTION SHALL RELIEVE EMPLOYERS OR  CONTRACTORS  OF
 THEIR  OBLIGATIONS  UNDER  FEDERAL WORKPLACE SAFETY STANDARDS, INCLUDING

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13761-01-5
 A. 9128                             2
              

 
 THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT, OR UNDER OTHER  APPLICA-
 BLE PROVISIONS OF STATE LAW.
   §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 4. This act shall take effect immediately.