N.Y. Labor Law § 241: Construction, excavation and demolition 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

inclosed 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.