Articles

New York Construction Safety & Labor Law

Consolidated Laws of New York, Labor Law Article 10:
Building
Construction, Demolition and Repair Work
§ 241. Construction, excavation and demolition work.

All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, when constructing or demolishing buildings or doing any excavating in connection therewith, shall comply with the following requirements:

  1. If the floors are to be arched between the beams thereof, or if the
    floors or filling in between the floors are of fireproof material, the
    flooring or filling in shall be completed as the building progresses.
  2. If the floors are not to be filled in between the beams with brick or
    other fireproof material, the underflooring shall be laid on each story as
    the building progresses.
  3. If double floors are not to be used, the floor two stories immediately
    below the story where the work is being performed shall be kept planked
    over.
  4. If the floor beams are of iron or steel, the entire tier of iron or
    steel beams on which the structural iron or steel work is being erected
    shall be thoroughly planked over, except spaces reasonably required for
    proper construction of the iron or steel work, for raising or lowering of
    materials or for stairways and elevator shafts designated by the plans and
    specifications.
  5. If elevators, elevating machines or hod-hoisting apparatus are used in
    the course of construction, for the purpose of lifting materials, the shafts
    or openings in each floor and at each landing level shall be enclosed or
    fenced in on all sides by a barrier of suitable height, except on two sides
    which may be used for taking off and putting on materials, and those sides
    shall be guarded by an adjustable barrier not less than three nor more than
    four feet from the floor and not less than two feet from the edges of such
    shafts or openings.
  6. All areas in which construction, excavation or demolition work is being
    performed shall be so constructed, shored, equipped, guarded, arranged,
    operated and conducted as to provide reasonable and adequate protection and
    safety to the persons employed therein or lawfully frequenting such places.
    The commissioner may make rules to carry into effect the provisions of this
    subdivision, and the owners and contractors and their agents for such work,
    except owners of one and two-family dwellings who contract for but do not
    direct or control the work, shall comply therewith.
  7. The commissioner may make rules to provide for the protection of workers
    in connection with the excavation work for the construction of buildings,
    the work of constructing or demolishing buildings and structures, and the
    guarding of dangerous machinery used in connection therewith, and the owners
    and contractors and their agents for such work, except owners of one and
    two-family dwellings who contract for but do not direct or control the work,
    shall comply therewith.
  8. The commissioner, as deemed necessary, shall promulgate rules designed
    for the purpose of providing for the reasonable and adequate protection and
    safety of persons passing by all areas, buildings or structures in which
    construction, excavation or demolition work is being performed, and the
    owners and contractors and their agents for such work, except owners of one
    and two-family dwellings who contract for but do not direct or control the
    work, shall comply therewith. The provisions of this subdivision shall not
    apply to cities having a population of one million or more.
  9. No liability for the non-compliance with any of the provisions of this
    section shall be imposed on professional engineers as provided for in
    article one hundred forty-five of the education law, architects as provided
    for in article one hundred forty-seven of such law or landscape architects
    as provided for in article one hundred forty-eight of such law who do not
    direct or control the work for activities other than planning and design.
    This exception shall not diminish or extinguish any liability of
    professional engineers, architects or landscape architects arising under the
    common law or any other provision of law.
  10. Prior to advertising for bids or contracting for or commencing work on
    any demolition work on buildings covered under this section except
    agricultural buildings as defined in regulations promulgated by the
    commissioner and except buildings the construction of which was begun on or
    after January first, nineteen hundred seventy-four, all owners and their
    agents, except owners of one and two-family dwellings who contract for but
    do not direct or control the work, shall conduct or cause to be conducted a
    survey to determine whether or not the building to be demolished contains
    asbestos or asbestos material as defined in section nine hundred one of this
    chapter. Such surveys shall be conducted in conformance with rules and
    regulations promulgated by the commissioner. Information derived from such
    survey shall be immediately transmitted to the commissioner and to the local
    governmental entity charged with issuing a permit for such demolition under
    applicable state or local laws or, if no such permit is required, to the
    town or city clerk. If such survey finds that a building to be demolished
    contains asbestos or asbestos material as defined by section nine hundred
    one of the chapter, no bids shall be advertised nor contracts awarded nor
    demolition work commenced by any owner or agent prior to completion of an
    asbestos remediation contract performed by a licensed asbestos contractor as
    defined by section nine hundred one of this chapter.

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