The Appellate Division affirmed the granting of summary judgement as to liability in this claim predicated on a violation of NYCRR 23-1.16(b), finding that, while plaintiff was provided with a safety harness, he was not provided with a proper place to tie off his harness.
The statute imposes a nondelegable duty on owners and contractors to provide reasonable and adequate protection and safety to workers. Industrial Code (12 NYCRR) § 23-1.16(b), which applies to the proper use, instruction, maintenance and measurements for safety belts, harnesses, tail lines and life lines, is sufficiently specific to sustain a claim under the statute. Specifically, NYCRR 23-1.16(b) provides as follows:
(b) Attachment required. Every approved safety belt or harness provided or furnished to an employee for his personal safety shall be used by such employee in the performance of his work whenever required by this Part (rule) and whenever so directed by his employer. At all times during use such approved safety belt or harness shall be properly attached either to a securely anchored tail line, directly to a securely anchored hanging lifeline or to a tail line attached to a securely anchored hanging lifeline. Such attachments shall be so arranged that if the user should fall such fall shall not exceed five feet.
Case: Anderson v. MSG Holdings, L.P., NY Slip Op 00002 (1st Dep't January 3, 2017)
Here is the decision.
Tomorrow's issue: The reinstatement of common-law negligence and Labor Law § 200 claims.
