New York Labor Law §240(1) (universally known as the Scaffold Law) is one of the most worker-protective statutes in the country and one of the most consequential for how a construction site-safety matter gets built from the start. Understanding what it actually requires and how it differs from the two Labor Law sections it's frequently pleaded alongside, changes both case strategy and defense posture.
Labor Law §240(1) requires owners, contractors and their agents to furnish scaffolding, hoists, ladders, slings and other safety devices "so constructed, placed and operated as to give proper protection" to workers on covered projects: erection, demolition, repair, alteration, painting, cleaning, or pointing of a building or structure. What makes it distinctive is the liability standard: it's strict (absolute) liability for gravity-related hazards: a fall from height, or an object falling and striking a worker. Comparative negligence by the worker generally isn't a defense and the duty is non-delegable.
§240(1) is routinely pleaded alongside two other Labor Law sections and the distinction between them matters for case strategy:
- §240(1), the Scaffold Law: strict liability, limited specifically to gravity-related hazards (falls from height, falling objects).
- §241(6): incorporates specific provisions of the New York Industrial Code, reaching a broader set of site conditions beyond elevation hazards, under a fault-based standard.
- §200: codifies the common-law duty to maintain a reasonably safe workplace, applying where the owner or contractor had actual supervisory control over the work that caused the injury.
Because §240(1)'s strict-liability standard is so different from the fault-based standards under §241(6) and §200, a forensic scope of work on a New York site-safety matter has to speak clearly to which specific theory the facts actually support: the applicable standard of proof and the resulting defense posture changes meaningfully depending on which section governs.
As of this writing, a bill introduced in the New York State Assembly in January 2026 (A9633) proposes repealing §240 subdivision 1 and §241 entirely. It has not been enacted and New York's FY2027 budget (signed into law in May 2026) did not amend §240. The Scaffold Law remains in full effect. Worth tracking given how central the statute is to New York construction-injury practice, but not something to build current case strategy around as though it were already changed.
For the full New York statutory framework (including CPLR limitations periods and NYC-specific requirements layered on top), see our New York Construction Law Guide.
This article is a general informational overview, not legal advice and does not create an attorney-client or expert-client relationship. Confirm current applicability with qualified New York counsel before relying on any standard described here. This is an actively watched area of the law.
