Richard Nolan, president of Adirondeck Construction Co. Inc., expressed his displeasure with New York's Scaffold Law in a letter to the editor ("The Scaffold Law in need of reform," Aug. 1). He seems to believe a company should be given complete immunity from lawsuits after the contractor has purchased workers' compensation.
In 1969, the Scaffold Law was amended to correct a problem inherent in construction. Contracts are awarded to the lowest bidder. Once on the job, the lowest bidder must still manage to squeeze out a profit. This creates the incentive to push workers to get the job done as soon as possible, sometimes resulting in the absence of needed safety devices. To rectify this problem, the Scaffold Law places an absolute duty on all owners and contractors to provide the required safety devices.
The duty to provide safety devices is absolute, not the liability, as Mr. Nolan mistakenly claims. Liability will not be imposed unless there is proof that the owner or contractor failed to provide the required safety devices.
As summed up by New York's highest court, "the statute now serves the salutary purpose of inducing owners and contractors to assure that only financially responsible and safety-conscious subcontractors are engaged so that a high standard of care might be maintained throughout the entire construction site." Even Mr. Nolan recognizes that "the fear of lawsuits" motivates compliance with the Scaffold Law.
Daniel R. Santola
Powers & Santola, LLP
Albany