Call for Scaffold Law reform gets louder.

A new voice joined the roar of opposition to New York state's infamous 'Scaffold Law' this week when the Business Council called on Governor Eliot Spitzer and state leg islators to launch a major reform

"The effects of the Scaffold Law are nasty: inflated business insurance costs, and higher costs of goods, services, and taxes for all New Yorkers," said Kenneth Adams, president and CEO of The Business Council, one of dozens of construction and agriculture groups demanding changes to the Labor Law 240.

Louis Coletti, president and CEO of the Building Trades Employers' Association, said, "Labor Law 240 is the most costly insurance related issue facing contractors in today's construction market. Failure to reform absolute liability will result in an increased spending of tax dollars paying for claims rather than public improvements and could jeopardize the economic viability of some private projects."

The Scaffold Law imposes absolute liability on New York's property-owners and contractors in cases of worksite injuries and, say opponents, denies them the ability to defend themselves by introducing evidence of their own commitment to safety or of worker negligence.

Arguing that the absoluteliability standard should be replaced by a fairer negligence-based standard, the contractors point out that all 49 states other than New York have managed and are managing to see that those injured in falls at job sites are receiving compensation via other means.

"Builders, subcontractors and building owners should have a fighting chance to defend themselves like their counterparts in the other 49 states when, in fact, under this law, they cannot," said Phil LaRocque, executive vice president of the New York State Builders Association, Inc.

"The New York State Builders Association has been a leader for several years in calling for significant change in this archaic and unfair statute.

"Our thousands of members' commercial liability insurance premiums remain 500% percent higher today than five years ago, provide less coverage and are mainly underwritten by non-admitted insurance carriers [where there is no state regulatory authority] primarily due to the absolute liability standard found in the Scaffold Law. Earlier this year, we reformed workers' compensation. It is now time to take on this even more onerous anti-business behemoth."

Jeffrey Zogg, executive director of the General Building Contractors of New York State, added, "The legislative solution we seek is a simple and equitable one: Allow contractors and subcontractors who engage in safe construction practice to defend themselves in court. Those contractors who don't train, equip, and manage safely will continue to be subject to the absolute liability standard of the existing law."

The Scaffold Law affects farmers by increasing construction costs of agricultural buildings, including dairy barns, milking parlors, cold storage facilities, packing houses, and other large structures. This puts New York farmers at a competitive disadvantage and forces extreme liability exposure in the agricultural community.

"Farm Bureau continues to make repeal of the onerous Scaffold Law a high priority for the end of session," said Julie Suarez, director of public policy for New York Farm Bureau. "We cannot let this law further erode the business climate of Upstate New York, which desperately needs to see increased investment in the agricultural and related agricultural business sector of the economy."

And Mike Elmendorf, state director for NFIB, said, "240/241, the dreaded Scaffold Law, is probably one of the most glaring examples of what's wrong in New York. It is a law that has far outlived any usefulness and which serves no public interest whatsoever.

"It tremendously and needlessly drives up costs on businesses and consumers, and is a virtual ATM machine for trial lawyers who use this statute to effectively fleece business owners who in most cases have done no wrong. The Scaffold Law saps our competitiveness and threatens the livelihood of far too many New Yorkers."

The groups have stated they are willing to work with the legislature and Governor SPitzer--who has voiced support for reforming the law--to bring about change.

"The time for it to go was long ago--let this be the year that this flawed, destructive law is finally repealed," said Elmendorf.