Labor Law: Discerning Inapplicabilities and Misapplicabilities | New York Law Journal - Law.com

Labor Law §240 deals with devices used in the performance of height-related tasks at named work sites. The devices are ladders, scaffolds, hoists etc., with the statute additionally listing components or accessories of these devices as can be seen in Industrial Code 23 provisions devoted to them. Where defects, inadequacies or absences for need of subcontractor’s devices cause harm to their employees, owners and/or contractors for the work are vicariously subjected to civil liabilities.

Some holdings seem to have gone beyond the bounds of §240 by availing it for claims where none of its devices is culpably implicated, or the instrumentalities culpably involved were not among its devices; or by misallocations of applicabilities between §240 and its Article 10 sister statute, §241, which is purposed for workspace safety.

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source: https://www.law.com/newyorklawjournal/2021/12/16/labor-law-discerning-inapplicabilities-and-misapplicabilities/

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