New Yorks Statutes Aimed at Protecting Construction Workers Held to Apply to Accident on Indian Reservation

In Alexander v. Hart, — N.Y.S.2d —-, 2009 WL 1955556, 2009 N.Y. Slip Op. 05716 (N.Y.A.D. 3 Dept., 2009) the plaintiff, a service technician, fell while working on a rooftop heating, ventilation and air conditioning unit at defendants’ fitness center on the St. Regis Mohawk Reservation in Franklin County. The defendants moved to dismiss the plaintiff’s Labor Law 240(1) and 241(6) claims on the ground that these construction worker safety statutes do not apply on the grounds that
(1) the statutes do not apply to accidents that occur on an Indian reservation,
(2) since the tribe is the title owner … Read the rest

Can One Appellate Department Be Right and Three Be Wrong? Yes, Says the Court of Appeals When It Comes to Power-Operated Heavy Equipment or Machinery and the Labor Law

An employee who claims to have suffered proximate injuries caused by a previously identified and unremedied structural defect or unsafe condition affecting an item of power-operated heavy equipment or machinery has stated a cause of action under Labor Law 241(6) based on an alleged violation of 12 NYCRR 23-9.2(a), held the Court of Appeals in Misicki v. Caradonna, — N.E.2d —-, 2009 WL 1286012 (N.Y.), 2009 N.Y. Slip Op. 03764 (May 12, 2009). The Appellate Division, Fourth Department, had been the only one of the four Appellate Divisions to rule that a violation of the rule and regulation promulgated by … Read the rest

Tough Start to 2009 for Garbage Truck Fatalities

The first three months of 2009 saw 12 solid waste collection workers killed while on their routes, and 9 died during a 15-day period in March. This followed a substantial decrease in solid waste collection fatalities in 2007, during which there were 18 worker fatalities. That reflected a more than 50 percent decrease from the prior year.

For years solid waste collection was among the five most dangerous occupations in the United States as measured by the federal Bureau of Labor Statistics. Some of the more dangerous practices involving garbage trucks include double-sided pick up and rushing since workers sometimes … Read the rest