New York Assembly Bill A09633

New York 2025-2026 Regular Session

• Introduced: 1/21/26
• Refer: 1/21/26

Caption

Repeals the scaffolding law imposing liability for injuries resulting from work done over a certain height.

Summary

This bill repeals Labor Law sections 240 and 241, which are the core provisions commonly referred to as New York’s “scaffolding law.” Those sections currently impose special liability rules for certain elevation-related construction injuries and require owners and contractors to provide specific safety protections for workers performing work at heights. The bill also makes conforming changes across several other laws to remove references to section 241 and to update related provisions that currently incorporate the scaffolding-law framework. In addition to repealing those two Labor Law sections, the bill amends the labor, education, insurance, public housing, and workers’ compensation laws so that other statutes continue to function without references to the repealed provisions. These changes affect public construction contracts, SUNY-related construction and rehabilitation contracts, workers’ compensation premium classifications, alternative dispute resolution provisions in collective bargaining agreements, and public housing project delivery requirements. The bill is designed to preserve the operation of other prevailing wage and construction-related rules while eliminating the scaffolding-law liability regime itself.

Impact

The bill would substantially change New York construction liability law by eliminating the statutory scaffolding-law causes of action and related height-related liability provisions in Labor Law sections 240 and 241. It would also require technical and substantive conforming amendments in related statutes so that references to those sections are removed or narrowed, including provisions governing public works, prevailing wage, workers’ compensation insurance premiums, and dispute resolution for construction employments. Contractors, owners, insurers, public entities, labor organizations, and injured construction workers would all be affected by the shift in liability and compliance rules.

Sentiment

Based on the bill caption and the absence of committee discussion or recorded votes in the provided materials, the bill appears to be a significant and potentially controversial proposal aimed at rolling back a long-standing worker-protection and owner-liability framework. The overall sentiment cannot be measured from transcripts or votes here, but the measure is plainly framed as a major reform of construction liability law rather than a minor technical update. Its introduction suggests an intent to change the legal exposure of owners and contractors in a way that would likely draw strong views from both construction-industry and labor stakeholders.

Contention

The main point of contention is the repeal of Labor Law sections 240 and 241, which are widely associated with strong protections for construction workers injured in elevation-related accidents. Supporters of repeal would likely argue that the current law is overly burdensome, increases litigation, and raises construction and insurance costs for owners and contractors. Opponents would likely argue that repealing the scaffolding law would weaken worker safety incentives and reduce remedies for injured workers. The conforming amendments also raise secondary issues about how prevailing wage, insurance pricing, public construction contracts, and collective bargaining arrangements should operate after the repeal.