New York 2025-2026 Regular Session

New York Assembly Bill A09128

Introduced
9/26/25  

Caption

Limits liability for certain provisions of the labor law for construction accidents in Nassau and Suffolk counties when such accident is elevation-related.

Impact

By revising the liability standard for construction projects in the specified counties, A09128 introduces a comparative negligence standard, thereby shifting responsibility assessments from absolute liability to a framework where the degree of fault is considered. Advocates of the bill argue that this change will foster a more favorable environment for construction projects, making them more financially viable while also ensuring safety standards are maintained as it does not absolve employers or contractors from federal safety obligations.

Summary

Bill A09128 aims to amend the general municipal law concerning liability related to elevation-related construction accidents specifically in Nassau and Suffolk counties. The bill seeks to limit the absolute liability imposed under section 240 of the labor law on property owners and contractors, a provision commonly known as the 'Scaffold Law.' The legislation is positioned as a response to the claims that the current legal framework has resulted in significantly high insurance costs and deterred construction investment in these counties, causing a burden on local governments and taxpayers.

Contention

The bill is anticipated to generate debate among lawmakers, particularly regarding issues of worker safety and rights. Proponents assert that reducing liability will alleviate financial hindrances on development projects, while critics may raise concerns that it could undermine worker protections by incentivizing contractors to prioritize cost savings over safety. As it stands, the legislation may ignite discussions about the balance between fostering economic development and ensuring responsible practices in the construction industry.

Companion Bills

No companion bills found.

Previously Filed As

NY S06598

Provides for accidental disability retirement for deputy sheriffs in Suffolk county.

NY A06731

Provides for accidental disability retirement for deputy sheriffs in Suffolk county.

NY S05254

Provides for accidental disability retirement for deputy sheriffs in Nassau county.

NY A06081

Provides for accidental disability retirement for deputy sheriffs in Nassau county.

NY A01073

Relates to the department of buildings keeping records regarding fatal construction accidents and posting all fatal accidents in the incident list.

NY S09628

Provides for accidental disability retirement for deputy sheriffs in Orange county.

NY A01193

Relates to service contracts for accidental damages from handling and power surges.

NY S02678

Relates to service contracts for accidental damages from handling and power surges.

NY A03335

Increases certain special accidental death benefits for state and local retirement system members.

NY S04811

Increases certain special accidental death benefits for state and local retirement system members.

Similar Bills

No similar bills found.