Press Releases
Rep. Williams Holds Press Conference On His Introduction Of Scaffold Law LegislationRep. Brandon Williams (NY-22) held a press conference at his Syracuse district office with construction industry leaders announcing his legislative bill on scaffold reforms.
Syracuse, NY,
May 20, 2023
Washington, DC — Today, Congressman Brandon Williams (NY-22), held a press conference in Syracuse at his district office to announce the introduction of his new legislative bill, the Infrastructure Expansion Act of 2023 (H.R.2542), that would reform scaffolding laws. The bill will protect scarce federal infrastructure funds by imposing the same liability standard on federally funded New York projects that are found in 49 other states. New York remains the only state in the nation to impose absolute liability on construction projects under Labor Law 240.1, a statute known as the “Scaffold Law.”
This outdated law holds property owners and contractors fully liable for worksite accidents, regardless of the contributing fault of the worker.i To understand the injustice of this law, take for example, that the courts have ruled time and time again that the intoxication of an employee is not a defense for an employer under the statute. “I am pleased to announce the introduction of the Infrastructure Expansion Act of 2023. This bill would reform New York’s Scaffold Law, an outdated and abnormal liability regime that grossly inflates construction costs in our state. The Scaffold Law imposes absolute liability on employers and property owners for gravity-related injuries. This standard is only found in New York,” said Rep. Brandon Williams. “I am proud to have the support of over 30 organizations for my bill. Notably, the New York State Association for Affordable Housing is a supporter. The scaffold Law is estimated to add up to $10,000 to the cost of a single family home. With Micron coming to the area, this is more important than ever. My bill will make it easier for us to build out the housing stock we need.” Earl R. Hall, Executive Director of Syracuse Builders Exchange said, “Construction industry employers throughout New York State have long supported eliminating the absolute liability statute and replacing such with a comparative negligence standard, which is the standard in 49 other states. New York remains the only state to have this onerous statute, which does not provide the accused employer self-defense as the majority of the cases are settled out of court due to the absolute liability statute. Applying a comparative negligence standard to all federally funded projects will provide injured employees and the accused employer the equal ability to argue their case to a court of law.” Mike Elmendorf, President of the Associated General Contractors of NYS said, “The Scaffold Law has been called ‘New York’s Stupidest Law’ for good reason—it is a more than a century old vestige that imposes absolute liability on both contractors and owners for gravity related injuries, with no regard to who was at fault. This unjust and outdated law not only drives up the cost of every single construction project in New York State, but has been proven to have no positive impact on safety. Indeed, there is data and strong arguments to suggest it has the opposite effect. The New York state government has repeatedly failed to reform this costly and outrageous law, so we are pleased to support Congressman Williams’ ‘Infrastructure Investment Act’ which would deliver some long overdue relief by imposing a more reasonable comparative negligence standard for projects receiving direct federal funding.” View letter signed by more than 30 organizations in support, here. Download and watch Rep. Williams' press conference. |