Contractors and Workers at Odds Over Scaffold Law A renewed campaign against the Scaffold Law argues that the future of New York State's construction industry is at stake. In 1885, as new engineering inventions were ushering in the era of the skyscraper, lawmakers in New York State enacted a law intended to safeguard construction workers who were finding themselves facing increasing dangers while working at ever-greater heights. A construction worker standing on scaffolding on Greenwich Avenue. A counter-lobby of unions, worker's advocates and trial lawyers is pushing back to preserve the law. That measure, which became known as the Scaffold Law, required employers on building sites to ensure the safety of laborers working above the ground. Since then, some form of the legislation has remained on the books despite repeated attempts to repeal it. But a lobby of contractors, property owners and insurers has in recent months renewed a campaign against the law, arguing that no less than the future of the state's construction industry is at stake. They argue that the law is antiquated and prejudicial against contractors and property owners, and essentially absolves employees of responsibility for their own accidents, leading to huge settlements. The payouts, they contend, have in turn led to skyrocketing insurance premiums that are hampering construction and the state's economic growth. On Tuesday, a coalition of contractors, including a newly formed alliance of firms owned by women and minorities, announced the start of an advertising and lobbying blitz in Albany and New York City. But a counter-lobby of unions, worker's advocates and trial lawyers is pushing back just as fiercely. The law, they argue, is essential to ensuring the safety of workers in some of the world's most dangerous jobs, particularly those employed by shoddy contracting firms that cut corners to save money. The law, they say, holds developers and contractors accountable for keeping job sites safe. Gov. Andrew M. Cuomo on Monday acknowledged the politically loaded atmosphere surrounding the Scaffold Law, but suggested that he was open to the possibility of modifying the law. The law states that contractors and property owners are responsible for ensuring that scaffolds, hoists and other devices that enable aboveground building construction and repair "shall be constructed, placed and operated as to give proper protection to a person so employed." When injuries result from a violation of those terms, the law says, contractors and owners are liable. There is no mention of worker responsibility. Under the law, however, the plaintiff still must show that a violation of the law's standards occurred and that the violation caused the injury. But those seeking to change the law want to incorporate a standard of "comparative negligence." This amendment - described in a state bill submitted earlier this year - would require a jury or arbiter to consider whether the liability of the defendants, and thus the amount of damages, should be reduced for cases in which the worker's negligence or failure to follow safety procedures contributed to the accident. Opponents argue that the amendment would reduce the incentive for the property owner and contractors to take necessary safety precautions. "This law protects both union and nonunion workers and creates a sense of accountability on these job sites," said Gary LaBarbera, president of the Building and Construction Trades Council of Greater New York, an umbrella group for unionized construction workers. If the law was modified, the workers would lose their voice. But those seeking to alter the law say the amendment would not eliminate the owners" and contractors" motivation to keep their workplaces safe because they would still face the possibility of shouldering large payouts, even if they were found only partly responsible for an accident. "The notion that a contractor or owner would want to do anything to undermine the safety of the worker on the job doesn't make sense," said Pamela Young, associate general counsel of the American Insurance Association. Workers" advocates argue that erosion of the Scaffold Law would have a disproportionate impact on minority and immigrant laborers, who, the advocates say, are more likely to work for nonunion companies that may not provide proper safety training and equipment. Immigrants, the advocates said, are less likely to speak the same language as their bosses on a job site and more likely to fear being fired if they demand a safer workplace. From 2003 to 2011, federal safety regulators investigated 136 falls "from elevation" that killed workers on construction sites in New York, according to a recent report by Center for Popular Democracy, an advocacy group. Of those workers, about 60 percent were Latino, foreign-born or both. That rate rose to 88 percent among fatal falls in New York City.