NYCRR § 23-1.5: General Responsibility of Employers

New York Codes for Protection in Construction

The State of New York maintains general provisions to protect employees at the workplace, particularly those in the high-risk occupation of construction. 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

Health and Safety Protection Required

An employer in this industry is required by law to provide health and safety protections wherever their employees perform work. These health and safety protections include anything that falls into these three categories:

• Safe working conditions
• Personal protective equipment
• Safe places to work

Employers cannot legally require their employees to work in unsafe conditions, without proper protective equipment, or in an inherently unsafe place.

Requirement of Competency

Subsection B of § 23-1.5 is the “general requirement of competency” that requires all employers in construction to designate supervisors who are competent and experienced in the relevant field. Employees who are injured on the job because of inadequate supervision may have a claim.

Condition of Equipment and Safeguards

Not only are employers required to provide safety equipment for their employees’ health and wellbeing, but they are required by law to ensure that such equipment is in good working order. Safety equipment is useless if it is broken or defective. If you were injured on the job because your employer failed to provide you with safety equipment that was in good working order, you may have a claim.