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

Labor Source: Press Release MISSING CONTEXT

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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.” (This quote is from Langworthy’s official press release, linked in Sources below. The FingerLakes1.com article quotes him separately as saying the bill “is urgently needed to preempt this broken liability standard on federally funded projects and get New York building again.”)

What the Bill Does

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

  • Preempt New York’s Scaffold Law on any construction project that receives federal funding
  • On those projects, replace “absolute liability” (owner/contractor responsible for a fall injury regardless of worker conduct) with “comparative negligence” (a worker can be found partially at fault, reducing recovery)
  • Apply to federally-funded construction including schools, roads, and bridges

Bill status (updated June 2026): Introduced May 21, 2025; referred to the House Judiciary Committee. Five Republican cosponsors — Reps. Claudia Tenney (NY-24), Elise Stefanik (NY-21), Tom McClintock (CA-5), Mike Ezell (MS-4), and David Joyce (OH-14). No markup or floor vote.

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

When Langworthy introduced the bill, both major New York labor leaders responded, as reported by the Times Union (Dan Clark, “New York faces new pressure to scrap 140-year-old Scaffold Law”):

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”
  • In a March 2026 interview, LaBarbera described the Scaffold Law as “a beacon of construction site safety and contractor accountability for more than a century” (The Real Deal)

Andrew Finkelstein, President, New York State Trial Lawyers Association (June 2026):

  • “Big insurance and corporate real estate interests are playing fast and loose with the facts. Construction workers perform some of the most dangerous jobs in America.” (NY State of Politics)

The Cilento and LaBarbera quotes above are reported in the Times Union article cited at the top of this section; the “beacon” and Finkelstein quotes are linked inline.

Safety Context

Construction worker deaths in New York (2023):

  • 74 fatalities statewide — the highest in a decade, up from 50 in 2022 (NYCOSH, 2025 Deadly Skyline report)
  • Falls from heights are the leading cause of construction-worker deaths (NYCOSH, 2025 Deadly Skyline)

Langworthy’s office estimates: the Scaffold Law adds 5–10% to total construction costs, and reform could save at least $2 billion in federal tax dollars over 10 years (per his press release)

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

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.

Langworthy’s office says: This could save at least $2 billion in federal tax dollars over 10 years.

Labor says: Weakening the Scaffold Law shifts injury costs onto workers and their families.

The numbers:

  • 74 construction workers died in New York in 2023, the highest in a decade, up from 50 in 2022 (NYCOSH)
  • Falls from heights are the leading cause of construction-worker deaths (NYCOSH)
  • Construction-related industries have given Langworthy $85,860 (2024 cycle, OpenSecrets)

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: June 24, 2026 (corrected bill mechanism, added cosponsors and committee status, sourced the 2023 NYCOSH fatality figures, and added verifiable opposition quotes)