When you’re considering having work done on your home, the safety of the workers may be a concern. After all, you don’t want to end up on the wrong end of a lawsuit if a worker falls on your property and gets hurt, and the contractor turns out to have not followed the letter of the law! Here’s a quick look at how contractors are required to meet safety and labor laws, including Section 240, in New York State.
Meeting Safety Requirements and Labor Laws in New York
As the only state in the US that provides strong liability for almost all accidents on construction sites, New York Labor Law Section 240 provides a set of standards for contractors to meet regarding worker safety. Known as the Scaffolding law, it can include workers falling from an elevated workplace if they haven’t been provided with a properly-functioning safety device or workers who are injured from debris or tools falling off of an elevated workplace.
It imposes absolute liability on contractors, construction companies and property owners to maintain a safe worksite, but doesn’t look at whether the worker who was hurt acted negligently, provided that wasn’t the only cause of their injury. However, the owner or contractor isn’t automatically found negligent either. For some situations, the liability is instead passed by a contract or common law to a different party.
So what’s a homeowner or business owner’s best defense against this type of liability? Only work with contractors that have a strong safety record. Look over their qualifications, verify their licenses, ask if you can get a copy of their worker’s comp experience modification rate or do a search on OSHA’s website to check the company’s citation history.
You also have the option of asking about the company’s liability insurance, and ask that a hold-harmless and indemnification be a part of the contract, which removes the liability from the property owner. You can also ask for a copy of the company’s certificate of insurance prior to work beginning, which shows that the company is maintaining its insurance.
AVA Roofing Practices Safe Construction Practices
By taking these precautions, you can defend yourself and your home against lawsuits brought by injured workers. AVA Roofing has a solid track record of safe construction practices. We would be delighted to help you get your project going, just contact us today to get started!