Scaffold Letter to the Editor in the Daily Gazette

Workplace could be affected by pot law

In her Feb. 9 column, Sara Foss did a nice job of outlining some of the potential dangers of legalizing marijuana, like car accidents and vaping-related illnesses. However, she missed one significant risk: workplace injuries. This risk is especially high in New York state because of our outdated Labor Law 240, also known as the Scaffold Law.

Under this law, an employee’s intoxication cannot be used as a defense for a contractor or property owner for a personal injury claim. As the courts have said, “Could … intoxication as a contributing cause of the happening of the accident be a defense to the cause of the action? The short answer is no.” The jury instructions for these cases specifically note that marijuana use is not a defense.
We are the only state that applies liability in this way.

The Scaffold Law has led to the most expensive construction insurance costs in the nation, added millions to the costs of building schools and infrastructure, and made it difficult for small and minority-owned businesses to get insurance. Even Habitat for Humanity complained of the difficulties caused by the Scaffold Law in the wake of Superstorm Sandy.

Proponents of the law, notably the trial lawyers who profit from it, often claim that it improves safety. There is no evidence of this, of course.

Holding intoxicated workers harmless makes worksites less safe. As the state considers legalizing marijuana, we need to fix Labor Law 240 and ensure our work sites are as safe as possible.

Tom Stebbins
Albany
The writer is executive director for the Lawsuit Reform Alliance of New York.

Read it online here: https://dailygazette.com/2020/02/18/letters-to-the-editor-for-tuesday-feb-18/