Section 240 of the New York State Labor Law, known as The Scaffold Safety Law, lists basic safety requirements for construction sites at which workers risk injury from falling or from falling objects.[1]
The law generally ensures that an owner or employer who neglects to comply with these safety standards must compensate workers who are injured because of such neglect.
However, no owner or contractor is liable under Section 240 if either (1) a worker’s actions is the sole proximate cause of the worker’s injury or (2) if the injury was the result of the worker’s own recalcitrance to use the safety equipment provided.[2]
History
The Scaffold Safety Law, enacted in 1885, arose at a time when industrial growth in New York was booming but workplace safety standards were virtually nonexistent. Construction sites were among the most dangerous workplaces, with falls from scaffolds and other high-risk structures causing serious injuries and fatalities on a daily basis. Workers had little legal recourse when injured, and the burden of unsafe conditions often fell squarely on them.
The law was groundbreaking because it shifted responsibility to those who controlled the worksites—property owners and contractors—ensuring they provided proper safety equipment and training. Its primary purpose has always been to protect workers from gravity-related accidents, acknowledging the inherent risks of construction work and the need for proactive safety measures.
The statute has been in effect for nearly 140 years, and updated periodically to reflect changes in the construction industry and modern safety equipment. But its protection for workers injured remain intact.
Throughout this time, New York’s skyline has continued to rise, with the law in place during every major period of development.
Legislators from both parties have periodically reviewed the statute and have consistently upheld it as a critical protection for workers on hazardous job sites.
Labor Support
Labor organizations in New York have long championed the Scaffold Safety Law as a cornerstone of worker protection. Unions have recognized that holding property owners and contractors accountable for safety creates safer job sites, reduces preventable injuries, and establishes a culture of responsibility on construction projects.
Today, unions and worker advocacy groups continue to defend the statute, viewing it as a cornerstone of workplace safety in New York.
Exemptions
Certain entities, such as Habitat for Humanity, operate on a volunteer basis and cannot be sued under the law. Similarly, owners of one-and two-family dwellings are also exempt from liability under the statute.[3]
Cost Concerns
Construction Companies, Large Building Owners, and Insurers have raised concerns that the law drives up construction insurance costs.
These concerns have historically been overstated and without factual evidence. Recent findings highlighted by an Empire Center Freedom of Information Law request to the New York Department of Financial Services (DFS) reveal that carriers underwriting policies covering Scaffold Safety Law claims cannot provide data on specific loss risks ascribed to the scaffold safety law.
For example, the $5 billion Tappan Zee Bridge project allocated just 4% of its total budget to insurance, demonstrating that maintaining worker safety under the statute represents only a small fraction of overall project costs.[4]
A widely cited study on the Scaffold Safety Law [5], often presented as an independent SUNY analysis, was actually funded by special interests seeking to weaken worker protections. The Rockefeller-funded study claimed to evaluate the law’s impact on construction costs, but its methodology and funding source raise questions about its objectivity. Labor advocates and safety experts have criticized the study for overstating economic burdens while ignoring the law’s life-saving benefits, highlighting how special-interest influence can distort research to push for regulatory rollbacks.
Danger Addressed by New York Scaffold Safety Law
Construction work remains one of the most hazardous occupations in the United States. Workers routinely face falls from heights, being struck by falling objects, electrocution, and accidents involving heavy machinery. Even experienced workers can suffer life-altering injuries from a single lapse in safety or a preventable hazard. The risks are particularly acute on scaffolds, roofs, and other elevated structures, where gravity-related accidents can quickly result in serious injury or death.
According to the New York Committee for Occupational Safety and Health (NYCOSH), in 2023, 74 construction workers died on the job in New York State, a 48% increase from the previous year. In New York City, 30 workers died, marking the highest number in a decade of tracking. These statistics have bene cited to underscore the critical need for strong protections like the Scaffold Safety Law to keep workers safe on construction jobsites.
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