April 5, 2018

Labor Law § 241(6).

The statute imposes on owners and contractors a nondelegable duty of reasonable care to provide reasonable and adequate protection and safety to persons employed in, or lawfully frequenting, all areas in which there is construction, excavation or demolition work.  Courts have generally held that the statutory scope is governed by 12 NYCRR 23-1.4(b)(13), which defines construction work expansively, as "[a]ll work of the types performed in the construction, erection, alteration, repair, maintenance, painting or moving of buildings or other structures."

De Jesus v. Metro-N. Commuter R.R., NY Slip Op 02150 (2d Dep't March 28, 2018)

Here is the decision.