While New York Labor Law Section 240(1) is informally called the “Scaffold” law, it might as easily be called the “Gravity” law since its stated objective is to protect workers from the risks of falling themselves or of falling objects, risks which the Court’s call “elevation-related risks”. The law operates in practicality as a form of insurance for workers at job sites, (although the Court’s bristle at this characterization). It reads, in pertinent part:Īll contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing 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 operated as to give proper protection to a person so employed. Even if the Owner or General Contractor did nothing wrong and had now knowledge of the condition which caused Plaintiff’s injuries, they may be held strictly liable under the Scaffold Law. Under the Scaffold Law, a worker’s own negligence which contributes in part, or nearly entirely, to his accident, counts for nothing. It is unique among Labor Laws in requiring a finding of strict liability against Owners and General contractors who run afoul of its provisions. (This section would not apply to workers manually moving a scaffold.Section 240(1) of New York’s Labor law is known as its “Scaffold” Law. When using a power system to move the scaffold, the forces must be applied directly to the wheels. Since the force being applied to the scaffold is less than 5 feet from the ground level, this is acceptable as long as it is the lowest point practicable. The worker holds onto something overhead and moves the scaffold with his or her feet. Your letter describes a worker standing on a Baker scaffold that is 2 to 4 feet high. When manually moving the scaffold, the force should be applied as close to the base a practicable, but not more than 5 feet (1.5 m) above the supporting surface. These sections address the manual and powered forces used to move the scaffold. You asked for clarification on Sections and. Where these conditions are met, the scaffold may be moved while employees are on it. Section specifies the requirements for riding a scaffold. If a device were installed to permit the casters to be locked while on the scaffold, this requirement could be met without dismounting. Section 1926.452(w)(2) requires the casters and wheels to be locked when in use. We apologize for the delay in this response.īaker scaffolds, sometimes referred to as Perry scaffolds, are covered by the mobile scaffold Section of Subpart L. Your questions related specifically to Baker style scaffolds and whether a person could move and work from this type of scaffold, without dismounting, with the casters in the unlocked position. Roy Gurnham and myself, asking for a clarification of OSHA's mobile scaffold standard §1926.452(w). This is in response to your letters, dated June 12, 1997, addressed to Mr.
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