US-New YorkDoes Labor Law § 241 require safe working conditions at construction sites?
Yes, Labor Law § 241(6) requires contractors and owners to provide reasonable and adequate protection and safety for workers at construction sites.
What the Law Says
New York Labor Law § 241(6) imposes a non-delegable duty on owners and contractors to ensure safe working conditions at construction sites.
Labor Law § 241(6) states that all contractors and owners (and their agents) 'shall furnish or erect, provide and maintain, so far as may be practicable, safety devices and safeguards to protect the lives and limbs of persons employed therein.' This includes compliance with specific industrial code rules adopted by the New York Commissioner of Labor.
Unlike general negligence claims, § 241(6) creates strict liability: a plaintiff does not need to prove the defendant was negligent — only that a violation of a specific, applicable safety rule occurred and caused injury.
The law applies to all construction, excavation, and demolition work — and covers both owners and contractors, even if they did not directly supervise the injured worker.
Statutory TextAll contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, shall furnish or erect, provide and maintain, so far as may be practicable, safety devices and safeguards to protect the lives and limbs of persons employed therein.
— Labor Law § 241(6) — Duty of owners and contractors to protect employees
What Courts Have Said
New York courts have consistently held that § 241(6) imposes broad, non-delegable duties and allows recovery without proving negligence.
Held that § 241(6) creates a statutory duty independent of common-law negligence and applies to all owners and contractors unless exempted (e.g., owners of one- and two-family dwellings).
Confirmed that a violation of a specific Industrial Code rule (e.g., 12 NYCRR § 23-1.7) triggers automatic liability under § 241(6), provided causation is shown.
What to Do
Confirm whether the worksite falls under Labor Law § 241(6) — it applies to most construction, excavation, and demolition projects in New York.
Identify whether a specific Industrial Code rule (e.g., 12 NYCRR Part 23) was violated — these rules define 'practicable' safety measures.
Document the unsafe condition, injuries, and any witness statements immediately after an incident.
Consult a New York attorney experienced in labor law claims within the 3-year statute of limitations.
Note: Owners of one- and two-family dwellings who do not direct or control the work are exempt from § 241(6).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.