Worker Safety: Targeting 140-Year-Old Scaffold Law While Unions Warn of Harm to Workers

Labor Source: Press Release DISPUTED BY LABOR

Why This Matters for NY-23

Construction workers in NY-23 build schools, roads, and homes. When they fall from heights, New York’s Scaffold Law ensures they can recover damages without having to prove fault. Langworthy’s bill would strip this protection from federally-funded projects. Labor unions representing these workers call it an attack on safety. Construction industry contributors who would benefit from lower liability have given Langworthy $85,860. Who does this bill serve?

Statement

Source: Press Release, Times Union Interview, 2025 Reported by: Times Union, FingerLakes1.com

Langworthy’s Infrastructure Expansion Act (H.R. 3548) would “save millions each year in construction costs” by reforming New York’s Scaffold Law for federally-funded projects.

“My hope is that this law, if enacted, will finally force Albany to reform this law, saving millions each year in construction costs to build schools, residential housing, and other projects.”

What the Bill Does

H.R. 3548 (Infrastructure Expansion Act) would:

  • Strip federal infrastructure funding from New York projects subject to the state’s Scaffold Law
  • Pressure the state to replace “absolute liability” (employer always responsible for fall injuries) with “comparative negligence” (worker can be found partially at fault)
  • Apply to federally-funded construction including schools, roads, and bridges

New York’s Scaffold Law (Labor Law §§ 240-241):

  • Enacted in 1885 during early skyscraper construction
  • Only state in the nation with absolute liability for elevation-related injuries
  • Holds property owners and contractors liable when workers fall, regardless of worker conduct

Labor Opposition

Mario Cilento, President, New York State AFL-CIO:

  • “We strongly oppose this bill”
  • “It would invalidate vital safety protections for construction workers while doing nothing to lower insurance premiums”
  • “It’s beyond comprehension that the congressman is going to Washington to undermine workers in his own state”

Gary LaBarbera, President, New York State Building and Construction Trades Council:

  • “Cutting costs should not come at the expense of the wellbeing of hardworking New Yorkers who are simply trying to support their families and pursue the middle class”
  • “Perpetuating this behavior and opening the door for more accidents will only hurt workers, hinder key projects, and discourage critical job development”

Safety Context

Construction worker deaths in New York (2023):

  • 74 fatalities (48% increase from prior year)
  • Falls from heights account for 40%+ of fatalities
  • New York has among the lowest construction fatality rates per capita nationally

Industry argument: Scaffold Law adds 5-10% to construction insurance costs; reform could save $2 billion

Labor counterargument: Lower insurance costs would come from reduced payouts to injured workers and their families, not from improved safety

Campaign Finance Context

Special Trade Contractors contributions to Langworthy (2024 cycle):

  • Total: $56,105
  • From PACs: $20,500
  • From Individuals: $35,605

Building Materials & Equipment contributions:

  • Total: $29,755

These construction-related industries rank among Langworthy’s top contributors.

Sources

  • Times Union: “New York faces new pressure to scrap 140-year-old Scaffold Law” (September 2025)
  • FingerLakes1.com: “Scaffold Law reform bill could cut billions in construction costs” (May 2025)
  • Langworthy.house.gov: “Congressman Nick Langworthy Introduces Bill to Save Taxpayers, Promote Infrastructure Development” (2025)
  • New York State AFL-CIO: Statement on Infrastructure Expansion Act
  • Building and Construction Trades Council of Greater New York: Statement
  • OpenSecrets.org: Langworthy contributor data

Note: This entry documents publicly available information from official records, labor organizations, and news reports. Readers may draw their own conclusions.

In Plain Language

The Scaffold Law is simple: If a construction worker falls from a height due to inadequate safety equipment, the employer is liable. Period. The worker doesn’t have to prove they weren’t partially at fault.

Langworthy’s bill would change this for federally-funded projects. Under “comparative negligence,” an injured worker could be found partially responsible for their own fall — reducing what they recover.

Industry says: This could save $2 billion in insurance costs.

Labor says: That $2 billion comes from reduced payouts to injured workers and their families.

The numbers:

  • 74 construction workers died in New York in 2023 (48% increase from prior year)
  • 40%+ of fatalities are falls from heights
  • Construction-related industries have given Langworthy $85,860

The New York AFL-CIO president: “It’s beyond comprehension that the congressman is going to Washington to undermine workers in his own state.”

Last updated: December 22, 2025