Every year in New York City a few 70 people lose their lives in their workplace. Perhaps many of them were unaware that, in this state, workers have a fundamental right guaranteed not only by state laws, but also by federal ones: to work in a safe place.
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Owners, contractors, and employers must comply with safety laws or they can be held liable in court. The problem is that, sometimes out of ignorance, other times out of fear, the workers do not dare to enforce the law.
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Laws that protect construction workers
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One of these laws is New York Labor Law 200, which requires owners and contractors to ensure safe work practices or, failing that, fix any dangerous work conditions. This includes maintaining adequate protective equipment for workers.
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Another important law is New York Labor Law 240, also known as the Scaffolding Law. This covers workers who work in dangerous heights or in places with risk injuries from falling objects. The Scaffolding Law requires employers, owners or contractors to provide ladders, scaffolds, harnesses, and other appropriate safety equipment to their workers.
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New York Labor Law 241 requires owners and contractors to comply with the Industrial Code of the New York State Department of Labor. The law establishes safety standards for many hazards faced by workforce workers. construction, demolition and excavation. These include slip and trip hazards, injuries from falling objects or dangerous openings, material storage and handling, demolition and debris removal, and more.
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Likewise, in New York State, employers with between 5 and 99 employees must provide up to 40 hours of paid health leave, each calendar year to, its workers. Employers with four or fewer employees and a net income of less than $ 1 million must allow employees take up to 40 hours of leave without pay.
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Among the basic rights that all workers in New York State have are the right to receive at least the minimum wage, to receive fair compensation for overtime, the right to sick leave and safety, to enjoy a place free from harassment, discrimination and work hazards and the right to scheduled rest days and work breaks.
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How to enforce the law
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If an employee suffers an injury on a construction site, it is important that they speak with experts in the law to determine if they were denied a safe workplace. Owners and contractors are responsible for any infringement, whether committed by their employees, the employees of a subcontractor, or any other contractor.
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The Occupational Safety and Health Administration enforces these laws, and if an employer does not follow these standards, they can be subject to investigations and possibly fined.
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Workers can report any breach of laws labor, filling out this form at NY.Gov.
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If you want to know all your rights as a worker, you can download the brochure on the New York Workers’ Rights Act, by clicking here.
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