Practice point: 12 NYCRR 23-1.7(b)(1), which provides, among other things, that every hazardous opening into which a person may step or fall must be guarded by a substantial cover fastened in place or by a safety railing, is sufficiently specific to support a § 241(6) claim.
Practitioners should note that a 11/2 to 2 feet-deep trench is not a hazardous opening within the meaning of the Code.
Case: Barillaro v. Beechwood RB Shorehaven, LLC, NY Slip Op 00085 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Legal malpractice.
