The biggest tragedy of the Scaffold Law is that it allows injured workers to sue their employers through the proverbial back door.
Since the law's enactment, workplace safety has been strengthened by the Occupational Safety and Health Administration, workers' compensation insurance compliance and, yes, the fear of lawsuits. My company has never been sued, but I pay for this law in my liability premiums that have gone up fourfold in as many years.
When a worker gets hurt on the job, he is supposed to be compensated for his injuries with workers' compensation insurance. This is intended to prevent workers from suing their employer; however, it can still be done. Because of the Scaffold Law, the injured worker can sue. Standard indemnity agreements on projects means that lawsuit then will get pushed down to the individual company, regardless of workers' comp.
No matter how culpable the injured worker was in causing the accident, the Scaffold Law says the company is completely responsible. This has been a boondoggle for the personal injury lawyers.
I am a firm believer that safety has to start with the individual. The company has to provide a safe workplace, but the workers need to take some responsibility, too. Safety needs to be a team effort.
New York is the only state in the country that still has this type of law on its books. We are also one of the states with the highest liability insurance premiums. That is why we need to reform the Scaffold Law.
Richard Nolan
President, Adirondeck Construction Co. Inc.
Loudonville