News Summary
A new legislative proposal in New York aims to exempt construction projects in Nassau and Suffolk counties from the Scaffold Law, which mandates absolute liability for property owners and contractors. Introduced by Assemblyman Ari Brown, the bill seeks to ease financial burdens on developers and address fraudulent claims. Supporters argue it will reduce insurance costs and incentivize investments, while opponents emphasize its importance in protecting low-wage workers. The debate highlights significant concerns regarding construction regulations’ impact on New York’s economy and development.
New York is witnessing a new legislative proposal that aims to exempt construction projects in Nassau and Suffolk counties from the Scaffold Law, a long-standing statute that has stirred significant debate among stakeholders. The bill, introduced on September 26 by Assemblyman Ari Brown (R-Cedarhurst), seeks to alleviate financial burdens on developers and tackle issues associated with fraudulent claims related to construction accidents.
The Scaffold Law, enacted 140 years ago, mandates absolute liability for property owners and contractors in the event of worker falls at construction sites, regardless of worker negligence. Supporters of this legislation argue that it has inflated insurance costs and deterred investments, placing added financial pressure on local governments and taxpayers for construction projects on Long Island.
The proposed bill aims to empower insurance companies with the ability to investigate employee negligence in construction falls. Additionally, it seeks to provide courts with greater discretion in determining if accidents are staged. Assemblyman Brown, who runs a real estate and construction company, has voiced concern that the existing law hampers the ability of many builders to operate within New York.
Brown anticipates gathering backing from several Republican co-sponsors in both the Assembly and state Senate for the bill. He cites evidence that suggests the Scaffold Law has, over the years, created extraordinary challenges for construction operations in the state.
On the other side of the debate, supporters of the Scaffold Law, including labor unions and the New York State Trial Lawyers Association, emphasize that the law is crucial for safeguarding low-wage workers engaged in dangerous jobs. Critics, however, argue that the law fosters a climate for rising construction costs and encourages fraudulent activities by facilitating a network of staged accidents and baseless lawsuits involving construction workers, law firms, and medical professionals.
The Scaffold Law itself dates back to 1885 when workplace safety regulations were minimal, a stark contrast to modern standards. Notably, similar laws in other states have been repealed or amended in the 20th century, signaling a broader trend toward reforming antiquated statutes.
Also relevant to this discussion is a bill previously introduced by Rep. Nick Langworthy, which sought similar exemptions for federally funded projects from Scaffold Law stipulations. Reports have emerged indicating a troubling pattern of construction workers staging accidents to make fraudulent insurance claims, particularly prevalent in Long Island.
The rising incidence of fraudulent claims has led several insurance carriers to withdraw from the New York market, exacerbating the financial impact on construction costs statewide. A coalition comprising nearly 50 civic and trade organizations supports the effort to reform or repeal the Scaffold Law with the goal of enhancing efficiency in development and reducing costs on various construction projects.
Insurance data reveals that the repeal of similar laws in other states has typically resulted in lower claims and a decrease in construction-related injuries and fatalities, lending merit to the idea of reform. Various experts and officials assert that the Scaffold Law significantly hinders the affordability of housing, infrastructure projects, and broader economic development efforts on Long Island.
If the bill is passed, it will only apply to counties in Long Island, diverging from previous proposals aimed at enacting statewide reform. Stakeholders, including developers and local officials, have raised alarms regarding the financial impact of the Scaffold Law, estimating it imposes a burden of approximately $800 million per year on taxpayers.
As the legislative process unfolds, the fate of the Scaffold Law exemption proposal remains uncertain, but it undoubtedly reflects the contentious debates surrounding construction regulations and their implications for both the workforce and the economy of New York.
Deeper Dive: News & Info About This Topic
- Newsday: New York Scaffold Law Repeal
- Wikipedia: Scaffold law
- Long Island Press: Op-Ed on NY Scaffold Safety Law
- Google Search: Scaffold Law New York
- LIBN: Rising Construction Insurance Costs and Scaffold Law
- Encyclopedia Britannica: Construction
- Long Island Press: The Scaffold Law is Driving Construction Away from New York
- Google News: Scaffold Law legislation
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