STATE OF NEW YORK
________________________________________________________________________
5727
2021-2022 Regular Sessions
IN ASSEMBLY
February 24, 2021
___________
Introduced by M. of A. HAWLEY, SMULLEN, ASHBY, SALKA -- Multi-Sponsored
by -- M. of A. BARCLAY, J. M. GIGLIO -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to the use of scaffolding and
other devices for use by employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 240 of the labor law, as amended
2 by chapter 241 of the laws of 1981, is amended to read as follows:
3 1. All contractors and owners and their agents, except owners of
4 farms, owners of one and two-family dwellings and owners of multiple
5 dwellings who contract for but do not direct or control the work, in the
6 erection, demolition, repairing, altering, painting, cleaning or point-
7 ing of a building or structure shall furnish or erect, or cause to be
8 furnished or erected for the performance of such labor, scaffolding,
9 hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons,
10 ropes, and other devices which shall be so constructed, placed and oper-
11 ated as to give proper protection to a person so employed.
12 No liability pursuant to this subdivision for the failure to provide
13 protection to a person so employed shall be imposed on professional
14 engineers as provided for in article one hundred forty-five of the
15 education law, architects as provided for in article one hundred forty-
16 seven of such law or landscape architects as provided for in article one
17 hundred forty-eight of such law who do not direct or control the work
18 for activities other than planning and design. This exception shall not
19 diminish or extinguish any liability of professional engineers or archi-
20 tects or landscape architects arising under the common law or any other
21 provision of law.
22 § 2. The opening paragraph of section 241 of the labor law, as amended
23 by chapter 670 of the laws of 1980, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02170-01-1
A. 5727 2
1 All contractors and owners and their agents, except owners of farms,
2 owners of one and two-family dwellings and owners of multiple dwellings
3 who contract for but do not direct or control the work, when construct-
4 ing or demolishing buildings or doing any excavating in connection ther-
5 ewith, shall comply with the following requirements:
6 § 3. This act shall take effect immediately.
