Legislative Alert
A Better Way to Make New York Affordable: Pre-empt the Scaffold Law on Federal Work
NEW YORK—Congress has a chance to cut the cost of living in New York State in a way that all other states are already doing. Rep. Nick Langworthy (R-23CD) of Western New York introduced a bill in the U.S. House this month that would reduce the cost of federally funded construction projects in the Empire State.
New York Labor Law sections 240/241, commonly called the “Scaffold Law”, holds contractors and property owners absolutely liable for any gravity-related injuries sustained by a worker either falling or being hit by a falling object—regardless of the worker’s own negligence. Enacted in 1885, the absolute liability standard applies even when the worker is at fault. New York is the only state in the nation that still has such a law.
AIl other states, including the District of Columbia, follow either comparative or contributory negligence standards, which determine liability based on which parties are to blame for the accident.
Mr. Langworthy’s Infrastructure Expansion Act would pre-empt the Scaffold Law by extending the comparative negligence standard to any project that receives federal money or tax incentives, or “is subject to Federal permitting requirements.”
An editorial published June 3 in The Wall Street Journal cited industry statistics indicating that the Scaffold Law increases total statewide construction costs by 5% to 10%. “That’s because high liability means expensive insurance. New York insurance costs constitute 12.5% of construction expenses, compared with 2.5% in neighboring Connecticut, New Jersey and Pennsylvania. Many construction companies refuse to work in New York, Ieading to less competitive bidding, delayed projects and higher costs.”
The editorial continued: “Trial lawyers are the winners in this equation. When owners and contractors face absolute liability for injuries, going to trial is almost always riskier than settling lawsuits. This creates fertile ground for dubious claims. Between 1990 and 2012, the number of personal injury cases initiated under the Scaffold Law rose more than fivefold, despite the frequency of injuries decreasing nationwide.”
Mr. Langworthy says his bill would “save at least $2 billion in federal tax dollars over the next 10 years.” It pointed to major savings likely come from Penn Station’s $7 billion renovation project, which the Trump Administration announced in April will be jointly managed by Amtrak and the Transportation Department. Even more could be saved on the current $16 billion expansion of the Northeast Corridor rail line between New Jersey and New York.”
Previous attempts to overturn the Scaffold Law were blocked by labor unions and the trial-lawyers lobby. Congress now has another bite at the Big Apple. As does Albany, which can pass state legislation extending the comparative negligence standard to non-federally funded construction projects as well. President Trump could even fight for it.
John Cooney, Jr., executive director of the Construction Industry Council, noting that New York is the only State in the Nation that has an absolute liability standard attached to its law, commented, “At some point it is my hope that organized labor would shift to the side of New York Scaffold Law reform. This editorial by a pro-business publication like the Wall Street Journal reminds me to continually advocate for New York Scaffold Law reform with our partners in organized labor.”
Mr. Cooney said the association supports an industry initiative to eliminate the Scaffold Law’s absolute liability standard and reforming the law to implement a comparative liability standard in which a worker’s own negligence, intoxication or refusal to use safety equipment may be admitted as evidence in court. This would stimulate job creation, improve workplace safety, and reduce the burden on the state and its taxpayers, he noted.
Published: June 10, 2025.