Yes, but they also have special safety regulations under the New York Industrial Code. Due to the high number of scaffold-related deaths on construction projects, the New York Scaffold Law allows construction accident victims to hold property owners strictly liable for elevation injuries. If the site owner, contractor, or another third party failed to follow general safety provisions, they may also be liable for considerable pain and suffering damages in your injury claim.
Outrigger Scaffold Protection Under the NY Industrial Code
NY Labor Law 241 requires owners and contractors to make construction sites as safe as possible for workers. Under Section 241(6), owners and contractors must 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 specific construction safety rules in Part 23 of the New York Industrial Code to protect people employed in construction, demolition, or excavation work. N.Y. Comp. Codes R. & Regs. Tit. 12 § 23-5.7 sets forth the following guidelines for outrigger scaffolds:
- Beams. Outrigger beams must not extend farther than six feet beyond the face of the building or other structures. The inboard ends of all outrigger beams, measured from the fulcrum points to the extreme points of support, cannot be less than one and one-half times the outboard ends in length. If wood beams are used as outriggers, they must rest on their least dimensions, and all sides of wood beams must be plumb with horizontal edges. The fulcrum point of any outrigger beam must rest on a secure bearing at least six inches in each horizontal dimension. Each outrigger beam must be secured in place against movement in all directions and must be securely braced against tipping at the fulcrum point.
- Inboard supports. All inboard ends of outrigger beams must be securely supported. Supports may consist of struts bearing against the sills in contact with an overhead structure or using anchoring tension members (such as U-bolts) secured to the structural frame of the building. The inboard ends of outrigger beams must be secured against tipping, and the entire supporting structures must be securely braced in all directions to prevent any horizontal movement.
- Planking. Planking on an outrigger scaffold platform must extend to within three inches of the wall of the building. All planking must be laid tight and nailed or bolted to the outriggers.
- Screening. If there is any danger of construction materials, debris, or objects falling from an outrigger scaffold, the scaffold must be provided with compliant wire mesh screening securely installed between the guard rail and the toe board.
- Superstructures. Supports for superstructures on outrigger scaffolds must be installed directly over the outrigger beams and must be nailed, screwed, or otherwise secured in place. Such superstructures must comply with existing safety regulations and cannot exceed six feet in height above the outrigger beam supports. Horses may never be used as supports for any superstructures.
- Design and construction. All outrigger scaffolds must conform to the industrial specifications regarding the sizes and load weights for light- and medium-duty scaffolds, regardless of whether the scaffold was designed by a professional engineer licensed to practice in the State of New York. A legible and detailed copy of the outrigger scaffold specifications must be kept at the job site and available for examination by the commissioner.
Let Explain Your Options After a Scaffold Injury
If you or someone you love was seriously hurt on a scaffold, the New York construction injury attorneys at Hofmann & Schweitzer could help you get the payment you deserve. Contact us today at (800) 362-9329 to discuss your next steps, or learn more about your rights in our FREE guide, Hurt in a Construction Accident? You’re Not Alone.
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