Construction Official Says Congressman Faso鈥檚 Bill Will Also Lower Costs of Federally-Funded Projects in New York By Preempting State鈥檚 Unique and Dated Absolute Liability Standard
The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, released the following statement in reaction to Congressman John Faso鈥檚 introduction of legislation to preempt New York state鈥檚 so-called Scaffold Law on federally funded projects:
鈥淐onstruction safety throughout New York has long been undermined by the state鈥檚 notorious Scaffold Law. This measure, which is unique to New York, effectively places blame on all construction falls on construction site owners and contractors, regardless of the cause of the fall. Being unable to understand why falls are occurring 鈥 whether through a lack of proper training, failure on an employee鈥檚 part to follow safety procedures or intoxication 鈥 hampers the industry鈥檚 ability to learn from and prevent future falls.
鈥淢oreover, the Scaffold Law needlessly drives up the cost of federally funded projects in the state. That is because taxpayers are forced to cover the additional costs of insuring projects in an environment where the government and its contractors are automatically held liable for every fall. This extra cost means New Yorkers receive fewer infrastructure upgrades, per federal dollar invested, than in comparable markets.
鈥淐ongressman Faso鈥檚 proposal to preempt New York鈥檚 Scaffold Law on federally funded projects will provoke needed debate about the best ways to bring the state鈥檚 construction safety program into the twenty-first century and to lower the cost of construction projects in the state.
鈥淢oving forward, the Associated General Contractors of America is committed to working with the Congressman and his colleagues in the House and Senate, as well as with officials in Albany, to find the most effective possible way to modernize the state鈥檚 laws so that all parties involved with construction can share a collective responsibility for improving workplace safety.鈥