The Firm You Go to When the 
Stakes Are High

New York Labor Code for Construction Worker Safety – Part 23

“…all employers, owners, contractors and their agents and other persons obligated by law to provide safe working conditions, personal protective equipment and safe places to work for persons employed in construction, demolition or excavation operations and to protect persons lawfully frequenting the areas of such activity shall provide or cause to be provided the working conditions, safety devices, types of construction, methods of demolition and of excavation and the materials, means, methods and procedures required by this Part (rule).”


Part 23 of the New York Labor Code provides protections to workers engaged in construction, demolition and excavation. The Code requires that employers and site managers provide a safe work environment, protective gear and devices and safe tools to work with to their workers. An employer, owner, contractor and/or construction site manager can be held liable for a violation of the Code where the violation results in personal injury to a construction worker. Some of the provisions of the Code include the following responsibilities of employers, owners and contractors at construction sites:

23-1.5 General Responsibilities of Employers

According to § 23-1.5, employers are required to do three things:

  1. Provide employees with health and safety protection
  2. To designate a competent and experienced individual to supervise work
  3. Ensure all equipment and safeguards are in good repair and safe working condition

23-1.7 Protection from General Hazards

New York Code § 23-1.7 protects workers from various hazards, including slip, trip, and fall hazards and falling objects.

There are eight major hazard categories included in this section which provide construction workers the right to be protected from.

  1. Overhead Hazards
  2. Falling Hazards
  3. Drowning Hazards
  4. Slipping Hazards
  5. Tripping & Other Hazards
  6. Vertical Passage
  7. Contaminated Air or Oxygen Deficiency
  8. Corrosive Substances

23-1.8 Personal Protective Equipment
Under § 23-1.8, employers must provide their employees with proper protective equipment to ensure their safety while performing different tasks on the construction site.

Protective equipment which is required includes:

  1. Protective eye gear for employees need eye protection while cutting, welding, burning, grinding, chipping, or while working in a position in which particles may fly into the eyes.
  2. Respirators including the air supply line in which there is a filter to remove noxious vapors, oil mists, water, or pipe scale, a pressure regulating valve to specify air pressure, and air supplied from a contaminant-free source
  3. Protective apparel, including:
    • helmets or hard hats
    • proper foot protection
    • waterproof clothing, and
    • apparel necessary for exposure to corrosive chemicals or substances

23-1.16 Safety Belts, Harnesses, Tail Lines, and Lifelines
According to § 23-1.16, employers must provide construction workers with safety belts, harnesses, tail lines, and lifelines in various situations. Construction site workers must be provided with the proper training and instruction of use of the equipment to ensure maximum safety. The different requirements for each of these protective devices are specified in the Code and an employer or construction site manager can be held liable for injuries occurring when these requirements are not met.

Additionally, employers and construction site managers are required to inspect and maintain this protective equipment in a manner which ensures that the equipment is in good working condition and does not show any damage or deterioration which could materially affect the strength of such safety belts, harnesses, tail lines or lifelines.

A TEAM COMMITTED TO DOING WHAT IS RIGHT

Find out whether you have a case by speaking to one of our experienced mesothelioma lawyers via our 24/7 toll-free hotline or by submitting an email inquiry. Our attorneys will be quick to respond to you and happy to answer all of your questions.

Know the Difference

Committed to Doing What's Right
  • Over $3 Billion Won

    We have represented numerous individuals and groups of workers, winning for them multi-million-dollar settlements and verdicts.

  • There's No Case Too Big

    Our team has achieved groundbreaking victories in highly complex cases and has gone up against some of the toughest defendants in the country.

  • Trial Attorneys

    Our attorneys excel in the courtroom and are not afraid to bring a case in front of a jury if a fair settlement for the client has not been reached.

  • A Thought Leader in the Industry

    Our firm's knowledge and experience are in high demand, and many news outlets have asked us to share our legal expertise.

  • Access to World Class Resources

    Our experienced attorneys use cutting-edge technology and highly regarded experts to help us achieve the best possible result for our clients.

  • Changing the World for Good

    We not only want to achieve the best possible results for our clients, but we also strive to prevent future harm by changing public health policies.

Thousands of Clients Helped

Hear What They Have to Say
  • Professional, responsive and very good at their jobs.

    “From the first visit to my home, to my last visit to the office to collect my settlement, I was very happy with the services provided by this firm. They are professional, very responsive and very good ...”

    - Lisa Ross
  • They have truly gone above and beyond.

    “I have been beyond pleased how Levy Konigsberg is handling my matter. They answer my questions in a timely matter and when warranted, ease my worries and concerns. They have truly gone above and ...”

    - Anne Fahey
  • I put my Faith and Trust into Corey Stern!

    “Selecting a Law firm to represent me was one of the biggest decisions I've had to make in my life. I put my Faith and Trust into Corey Stern, and he exceeded all my expectations.”

    - Dennis McGowan
  • With this team on my side we came out on top.

    “Levy Konigsberg and team are a group of men and women that give their all, down to the receptionist. I had a case that was almost unbeatable but with this team on my side we came out on top. They keep ...”

    - Angie Garrido
  • Very happy with our settlement.

    “My husband and I were VERY happy with our experience with this firm. They were always caring and really helped us go through this in a very hard time in our lives .We continue to be in touch with the ...”

    - Lori Rosa
  • Wow is all I can say.

    “It has been a few years now but I needed to post this. My dad suffered so much from Mesothelioma. My brother looked into the law and our rights. Unfortunately he died also before anything was done. It ...”

    - Carol N.
  • Their dedication to receive the highest results for their clients was amazing.

    “Working with Levy Koningsberg LLP was a very positive experience. Their professionalism and curiosity was outstanding. I was a pleasure working with this firm. Their dedication to receive the highest ...”

    - Emily DeRogatis
  • Such a great team!

    “The whole team at Levy, Konigsberg LLP have been extremely professional and kind during our most difficult time. They keep you informed during the process, check in often asking if there are any ...”

    - Kevin Kober
  • We definitely got the right law firm!

    “Levy Konigsberg represented my daughter Linda, who was diagnosed with mesothelioma at 16 years old. She endured many surgeries and chemotherapy including HIPEC. She traveled the country seeking ...”

    - Mark Wells
  • Levy Konigsberg continued to help my family fight for the justice my father deserves.

    “Levy Konigsberg was there for my father as soon as he was diagnosed with mesothelioma they helped him get medical treatment in another state that specializes in his condition and even provided housing ...”

    - Stephanie Vitale
LEVY KONIGSBERG IN THE NATIONAL MEDIA

CHOOSE LEVY KONIGSBERG

Start with a FREE Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.