Bill > A09128

This bill modifies liability standards for construction accidents in Nassau and Suffolk counties by changing how elevation-related workplace injuries are handled under the "Scaffold Law" (Section 240 of the labor law). Currently, the law imposes absolute liability on property owners and contractors for elevation-related accidents, regardless of worker negligence. The proposed bill would replace this strict liability standard with comparative negligence principles, meaning that fault would be proportionally assigned between the worker and the employer based on each party's level of responsibility for the accident. The bill explicitly maintains employers' obligations under federal workplace safety standards like the Occupational Safety and Health Act (OSHA) and other applicable state laws. The legislative findings suggest that the current law has led to inflated insurance costs and deterred investment, and this change is intended to make infrastructure and construction projects more affordable in these two Long Island counties. The bill would take effect immediately upon passage, and includes a severability clause to ensure that if any part of the law is found invalid, the rest of the legislation would remain in force.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A9128