THE SCAFFOLD LAW

Page 1

The battle to reform or repeal Labor Law 240, commonly referred to as the Scaffold Law, has been raging for years. But now, both sides are stepping up advocacy and lobbying efforts, thinking this may be the time for action in Albany.

The stage has been set, with legislation introduced on two fronts during the 2013-2014 legislative session. One bill, sponsored by Senator Patrick Gallivan, supported by Assembly Majority Leader Joseph Morelle, and favored by a coalition of reform advocates, including contractor and real estate organizations, proposed to reform the law, reducing its so-called "absolute liability" provision to a "comparative negligence" standard. This change would allow contractors and owners to present facts that could mitigate their responsibility for damages in Scaffold Law cases. Another bill, entitled the "Construction Insurance Transparency Act of 2014," sponsored by Assemblyman Francisco Moya and supported by construction labor organizations, immigrant rights groups, community and consumer groups, and trial lawyers, proposed requiring insurers to compile and report data that quantify expenses of suits and judgments related to the Law before any changes to it are considered.

Many advocates have been promoting their respective views for years. But new to the debate are groups representing minorities involved in construction throughout the State. Minority contractor organizations generally support reform, noting high insurance premium costs for their member firms and the difficulties the Law creates for public agencies and authorities who employ them. There are other organizations representing minority construction workers, however, that want to preserve what they see as essential worker protections in the Law.