Did You Know: Labor Law §241(6) Protects Workers from Unsafe Worksites

Construction workers on a construction site are exposed to all sorts of hazards everywhere they turn. From scattered tools and materials on the floor of a work area, to defective tools which lack the proper safeguards to protect their users. These are just some of the many risks which construction workers may face every day when working on a worksite. Fortunately, New York’s Labor Law §241(6) is designed to protect workers from unsafe working conditions.

What is Labor Law §241(6)?

Labor Law §241(6), like Labor Law §240,1 is a critical piece of New York legislation that protects construction workers from injuries related to unsafe worksites. The law requires property owners and general contractors to provide appropriate safety measures to prevent workplace-related accidents from occurring and, in turn, injuries to construction workers.2 It specifically provides, in relevant part, that “[a]ll areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.”

The owner and general contractor of a construction site have a duty to maintain all areas in which construction is being performed, as well as passageways that workers travel through to get to the areas where construction is being performed, in a safe condition for the construction workers. This duty ranges from keeping work areas and passageways free of slipping and tripping hazards, to preventing workers from using unsafe equipment.

Violations of Labor Law §241(6) are predicated on violations of specific regulations set forth in Part 23 (“Protection in Construction, Demolition and Excavation Operations”) of the Safety & Health Code Rules of the New York State Department of Labor, commonly known as the Industrial Code. To demonstrate that an owner and/or general contractor violated Labor Law §241(6) based on an Industrial Code violation, it must be shown that they violated a specific Industrial Code section, for example 23-1.12(c) (“Guarding of power-driven machinery – Power-driven saws”) and 23-1.7(e)(1) (“Protection from general hazards – Passageways”).3

Who Is Covered Under Labor Law §241(6)?

Labor Law §241(6) protects construction workers at a construction site who are injured while engaged in their work. It covers a broad range of work activities and situations, from workers who are handling power-driven machinery, to workers who are walking in a passageway from one work area to another. The Industrial Code upon which a Labor Law §241(6) claim is based covers a wide range of scenarios and potential hazards which construction workers may be exposed to.

What Are The Benefits Of Labor Law §241(6)?

Labor Law §241(6) provides workers with legal recourse against property owners and contractors who fail to ensure their safety. Holding these parties accountable in court not only has the potential benefit of providing injured workers with the financial support they need during a difficult period of time in their lives, but it may also lead property owners and contractors to improve worker safety and prioritize safety measures.

If you or a loved one has been injured at a construction site, do not hesitate to contact Farber Balsam Papain Ferrari LLP for a consultation. Our team is dedicated to ensuring that your rights are protected and that you receive the compensation you deserve.

Visit our website at www.newyorktrial.com or call us at (212) 972-7040.

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1 Farber Balsam Papain Ferrari’s article on Labor Law §240 – “Did You Know: Labor Law §240 Protects Workers Who Fall from Heights” – is accessible at our newyorktrial.com website here.

2 Labor Law §241(6) does not apply to “owners of one and two-family dwellings who contract for but do not direct or control the work”.

3 Not every Industrial Code is necessarily specific enough to serve as a basis for liability under Labor Law §241(6). Attorneys who are well-versed in litigating Labor Law §241(6) cases will conduct research to make sure that their claim is predicated upon an Industrial Code section that has been determined by the relevant court(s) to be sufficiently specific and that the particular Industrial Code is applicable to the facts of the case at hand.