Bill Text: NY S02285 | 2013-2014 | General Assembly | Introduced


Bill Title: Exempts owners of farms and the owners of multiple dwellings from complying with the scaffold law in certain instances.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LABOR [S02285 Detail]

Download: New_York-2013-S02285-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2285
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2013
                                      ___________
       Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
         printed to be committed 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    S 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:
   24    All contractors and owners and their agents, except OWNERS  OF  FARMS,
   25  owners  of one and two-family dwellings AND OWNERS OF MULTIPLE DWELLINGS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00227-01-3
       S. 2285                             2
    1  who contract for but do not direct or control the work, when  construct-
    2  ing or demolishing buildings or doing any excavating in connection ther-
    3  ewith, shall comply with the following requirements:
    4    S 3. This act shall take effect immediately.
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