Legall Bug
Filed under: AOP, Construction Accidents, General Law, Personal Injury | Tags: attorneys, lawyers
In New York, construction laws provide necessary safety regulations that help to reduce crane and scaffolding accidents in NYC. While national measures mandated by the Occupational Safety and Hazard Administration (OSHA) provide a high level of protection, the laws in New York regulate cranes and scaffolding even further, perhaps in part due to the increased dangers of construction work in New York City.
NYC crane accident laws
Under NY crane accident law, in order to legally operate a crane in New York, an individual is required to obtain a Crane Operator Certificate of Competence. Before even applying for the certificate, the individual must have at least three years of practical experience in crane operation under direct supervision of a certified crane operator. The applicant is required to pass both a written and a practical exam in order to achieve certification.
In addition, crane operation certificate applicants must become certified in operation of each of five types of cranes separately. By thoroughly training and certifying crane operators, crane accidents in NYC involving cranes tipping over, dropped loads, and other common mistakes can be avoided.
Recently, in 2008, new NY crane accident laws increased criminal and civil penalties for falsified building crane inspections, increasing fines to up to $5,000, and resulting in permanent loss of certification. In addition, the new laws made it a felony to alter or cheat on a crane operation licensing exam.
NY scaffolding accident laws
NYC scaffolding accidents and their prevention are regulated under New York Labor Law, Section 240. In keeping with OSHA standards, Section 240 mandates that all scaffolding structures be able to support at least four times the maximum expected load capacity without collapsing. However, Section 240 also extends these regulations to all hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropers, and other devices that serve similar purposes. Additionally, under NYC scaffolding accident laws, any scaffold structures 20 feet or more above the ground must be equipped with safety rails and be securely fastened so they do not sway away from the building being worked on.
Most significantly, however, Section 240 specifies that contractors, owners, and their agents are responsible for the scaffolding that is constructed on their sites, and that they therefore assume liability when a scaffolding accident in NYC occurs on their site. Professional engineers, architects, and landscape engineers are identified as exceptions to this regulation when they are not involved in the day-to-day on-site operations.
If you or a loved one has been injured in a construction accident in NY, you should consider consulting with an attorney who is practiced in NY construction law.
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