Here, we have the Court discussing the law regarding one of the most typical types of construction site accidents, a slip and fall. In this case, it was due to snow covered pipes on the ground next to the worker’s shanty. The worker slipped on the pipes.
Since this is a non-gravity case, it must only involve Labor Law § 241(6) or 200. For a plaintiff to win the Labor Law §241(6) case, they must show that the pipes somehow violated a NYCRR regulation. We know that. He named the tripping regulations NYCRR 23-1.7(e)(1) and (2). The first regulation 23-1.7(e)(1), creates liability for a broad category of hazards, “obstructions or conditions which could cause tripping,” but that is only if it’s in a passageway. Passageway is defined as “a typically narrow way connecting parts of a building” or doorways and areas immediately adjacent to them. Here, since it was an outdoor open area, it’s not a passageway.
But the Court said that 23-1.7(e)(2) can apply since it covers “working areas” not just passageways and is violated if there are scattered tools or materials that cause the fall. The Court said that the cause of the accident may have been the pipes themselves (scattered materials) as well as the snow that may have been the dangerous condition that caused the accident.