THE SCAFFOLD LAW

IS COMPROMISE POSSIBLE?

Despite the seemingly rigid rhetoric on both sides of the Scaffold Law debate, there is common ground. Both supporters and reform advocates agree there is a problem in New York State with insurance costs that is negatively impacting the construction industry generally, and minority contractors and workers specifically. Both agree that solving this problem should be a priority for Governor Cuomo and the State Legislature. Both agree that, overall, construction site safety in the State has drastically improved. The debate centers around how best to address rising insurance costs.

In Mr. Coletti's words, "We are going to continue to press our case. Right now, the ball is in the Legislature's court" (City & State, May 2, 2014). While Governor Cuomo recently acknowledged the law is "infuriating," he indicated that reform is not in his top five agenda items (Crain's, April 25, 2014). Still, advocates like Ms. Velez are optimistic that the economic disadvantages of the Law will necessitate action soon. "We've reached a tipping point [for reform of the Scaffold Law]," she said, adding, "We simply cannot afford to continue to do business this way."

While the Legislature has yet to act, the good news is that various industry groups are grappling with possible solutions. Whether to improve other worker protections and benefits or to examine more closely available data on cases and awards, the design, construction, and real estate industry should be committed to hashing out a solution that can be proposed to elected officials