New York Assembly Bill A09128

New York 2025-2026 Regular Session

• Introduced: 9/26/25
• Refer: 9/26/25
• Refer: 1/7/26

Caption

Limits liability for certain provisions of the labor law for construction accidents in Nassau and Suffolk counties when such accident is elevation-related.

Impact

By revising the liability standard for construction projects in the specified counties, A09128 introduces a comparative negligence standard, thereby shifting responsibility assessments from absolute liability to a framework where the degree of fault is considered. Advocates of the bill argue that this change will foster a more favorable environment for construction projects, making them more financially viable while also ensuring safety standards are maintained as it does not absolve employers or contractors from federal safety obligations.

Summary

Bill A09128 aims to amend the general municipal law concerning liability related to elevation-related construction accidents specifically in Nassau and Suffolk counties. The bill seeks to limit the absolute liability imposed under section 240 of the labor law on property owners and contractors, a provision commonly known as the 'Scaffold Law.' The legislation is positioned as a response to the claims that the current legal framework has resulted in significantly high insurance costs and deterred construction investment in these counties, causing a burden on local governments and taxpayers.

Contention

The bill is anticipated to generate debate among lawmakers, particularly regarding issues of worker safety and rights. Proponents assert that reducing liability will alleviate financial hindrances on development projects, while critics may raise concerns that it could undermine worker protections by incentivizing contractors to prioritize cost savings over safety. As it stands, the legislation may ignite discussions about the balance between fostering economic development and ensuring responsible practices in the construction industry.