Workers rely on wheelbarrows, hand trucks, power buggies, and carts to function properly on NY construction sites. If these devices fail, cannot withstand the intended load, or are stored incorrectly, employers may be held liable for the costs of a worksite injury.

Section 23 Rules to Prevent Injuries from Hand-Propelled Vehicles

Worker Using a Wheelbarrow on a WorksiteNY Labor Law 241 requires owners and contractors to make construction sites as safe as possible for workers. Under Section 241(6), site owners and contractors have a duty to comply with any rules made by the Commissioner of the Department of Labor to carry out the provisions of the law.

The Department of Labor has created several construction safety rules regarding hand-propelled vehicles. One rule contained within the New York State Industrial Code, 12 NYCRR Section 23-1.28, requires all hand-propelled vehicles to adhere to certain safety standards, including:

  • Maintenance. All hand-propelled vehicles used on job sites must be regularly maintained and in good repair. Any vehicles that have damaged handles or loose parts shall not be used.
  • Wheels and handles. Wheels on hand-propelled vehicles must be free-running, well-maintained, and properly secured to the frames of the vehicles. Buggy handles must not extend beyond the wheels on either side of the vehicle.
  • Counterbalance. If counterbalance weights are used, they must be fastened securely to the buggy handles. Loose weights must not be hung on buggy handles for counterbalances.
  • Dumping. If material or debris is dumped from a hand-propelled vehicle to a lower level, curbing of at least six inches in height must be provided along edges of the upper level to prevent injury from falling debris.
  • Storage. All hand-propelled vehicles must be stored away from passageways and work areas when not in use.

We Can Help After a Construction Accident

If you or someone you love was hurt by a defective tool on a New York construction site, we will fight to get you the compensation you deserve. Contact Hofmann & Schweitzer today or learn more about your rights in our FREE brochure, Hurt in a Construction Accident? You’re Not Alone.


Timothy F. Schweitzer
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Personal injury lawyer specializing in maritime, construction and railroad injury claims.
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