ALBANY, N.Y. — The Business Council of New York State, Inc.'s Board of Directors sent a letter to Governor Cuomo urging the administration and legislative leaders to work together in reforming New York's antiquated Scaffold Law by adopting a comparative negligence standard for Labor Law sections 240 and 241.
Companies signing on to the letter represent a broad cross-section of New York businesses, ranging from education to manufacturing: The Business Council of New York State, The Business Council of Westchester, Clarkson University, Consolidated Edison, Inc., Corning Incorporated Inc., Crain's New York Business, Eastman Kodak Company, Ecology & Environment, Inc., Eric Mower + Associates, Finch Paper, Five Star Bank, Hannay Reels, Inc., Harden Furniture, Inc., Hillside Family of Agencies, Hodgson Russ LLP, National Fuel Gas Company, O'Brien & Gere, The Pike Company, Pioneer Companies, Pleasant Valley Wine Company, Price Chopper Supermarkets, Rose & Kiernan, Inc., and Welch Allyn, Inc.
“This is one of the most pressing mandate relief issues for employers doing business in New York,” said Heather C. Briccetti, Esq., president and CEO of The Business Council of New York State, Inc. “Replacing absolute liability with a comparative risk standard will reduce liability insurance costs and litigation risks for businesses, individuals and state and local governments.”
In addition to providing businesses with a way to defend themselves in court, Scaffold Law reform would produce a nine-figure cost savings for state and local governments – ultimately savings taxpayer dollars.
The state's Scaffold Law imposes absolute liability on businesses for workplace injuries even if an employee's negligence has contributed to an accident. Adopting a comparative risk standard in New York State would in no way change or diminish federal or state safety standards imposed on employers and contractors, or impact eligibility for or benefits under the state's workers' compensation law.