Violations of New York Industrial Code 12 NYCRR Section 23 PPE Requirements Could Cause Construction Injuries

Owners, Contractors and Employer's Duty to Provide PPE to Workers Under the Industrial Code of NY

The regulations under Section 23-1.8 aren't suggestions, they're mandatory protections required by law. If you were furnished with broken PPE—or weren't given protective equipment at all—you may have grounds for a construction injury lawsuit.

OSHA regulations in New York generally have been held to apply only to employers when attorneys are attempting to use Labor Law Sections 240 and 241(6) to enforce those regulations related to personal protective gear.

But, as to the property owner and the general contractor, Section 23 also mandates that they insure that employers provide:

• Eye protection. Eye protection suitable for the hazard involved shall be provided for all workers performing welding, burning, cutting, chipping, grinding, or other operations in which particles may fly or endanger the eyes. Employers must adequately disinfect goggles, glasses, and welder's shields before they are transferred from one employee to another.
• Respirators. If work requires a respirator, the employer shall furnish and require the use of a respirator that has been approved for the type of operation and the particular air contaminant present. The employer shall keep all respirators in proper working condition, including performing daily inspection and cleaning and weekly disinfecting of respirators.
• Head protection. Approved safety hats must be provided to any person working in or passing an area where there is a danger of head bumping or being struck by falling objects or materials.
• Foot protection. Any person working in water, mud, wet concrete, or any other wet footing shall be furnished with waterproof boots, pullover boots, or rubbers over safety shoes.
• Waterproof clothing. Employees working in rain, snow, sleet, or similar wet conditions must be provided with a waterproof coat, pants, and hat.
• Apparel. Any employee required to use or handle corrosive substances or chemicals shall be given and required to wear appropriate protective apparel and approved eye protection.

If the employer fails to provide this PPE, and you are injured as a result, you may be able to bring a claim for those violations under New York Labor Law Sections 240 and 241(6) against the owners and/or contractor.

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