May 20, 2025:  Construction Safety in New York: What Crews Need to Know

If you’re running jobs in New York, you already know the stakes are high. A missed certification, a skipped form, or one unprotected worker on a scaffold can shut a site down or trigger six-figure fines. Between Local Law 196, aggressive DOB enforcement, and Scaffold Law liability, there’s not much room for error—and even less time to dig through paperwork when an inspector shows up unannounced.

This post breaks down exactly what subcontractors need to watch for in New York, what the latest data and enforcement actions are telling us, and how contractors are using better systems to keep jobs moving without cutting corners.

New York Construction and Workplace Statistics

Construction remains one of the deadliest jobs in New York—and the latest numbers show there’s still a long way to go on safety.

• In 2023, the construction sector accounted for 24 of the 69 fatal occupational injuries in New York City, making it the industry with the highest number of fatalities.
• The nonfatal injury and illness incidence rate for New York’s construction industry was 2.3 per 100 full-time workers in 2023, slightly below the national average of 2.4. However, the total number of reported nonfatal injuries increased by 2.1% from the previous year.
• Falls, slips, and trips were the leading causes of fatal events in New York City, accounting for 28% of all workplace fatalities in 2023, which is significantly higher than the national average of 17%.
• In 2023, 30 construction workers died on the job in New York City alone, marking the highest toll in over a decade and a 48% increase from the previous year.
• State-wide, deaths rose 48% from 50 in 2022 to 72 in 2023, according to Safety and Health Magazine.

Safety Rules with a New York Twist

While OSHA sets the federal baseline for workplace safety, New York imposes additional regulations that can significantly impact construction operations.

Industrial Code Rule 23: Construction Safety Standards

New York’s Industrial Code Rule 23, administered by the Department of Labor, outlines specific safety requirements for construction, demolition, and excavation operations. This includes mandates on fall protection, scaffolding, ladders, and excavation practices. Non-compliance can lead to citations, fines, and increased liability, especially under Labor Law § 240/241, commonly known as the Scaffold Law (more on that below).

Labor Law § 240/241: The Scaffold Law

Article 10 of New York’s Labor Law (Chapter 31) covers building construction, demolition, and repair work. Sections 240 and 241 of Article 10 are often referred to as the “Scaffold Law”—though working at heights is specifically covered in Section 240. The law’s initial focus was on scaffolding safety, but its scope was expanded over time to encompass various elevation-related risks.

Unique to New York, the law imposes absolute liability on contractors and property owners for gravity-related injuries, such as falls from heights, regardless of worker negligence. This law underscores the importance of strict adherence to safety protocols and comprehensive documentation to mitigate legal risks.

Construction Industry Fair Play Act

The Construction Industry Fair Play Act addresses the misclassification of workers as independent contractors. Under this law, misclassifying employees can result in civil penalties of up to $2,500 per instance for a first offense and up to $5,000 for subsequent offenses. Willful violations may also lead to misdemeanor charges, potential jail time, and debarment from public works projects.

Why “more exposure” under state enforcement?

OSHA is a federal agency. When they cite you, you’re dealing with administrative penalties—usually fines and, in extreme cases, referral to criminal prosecution. Most OSHA violations are resolved with payments, abatement, and possibly a public record that could affect your insurance or bids.

New York State, on the other hand, enforces Industrial Code Rule 23 under state labor laws—specifically, Labor Law §§ 200, 240, and 241. That matters because:

1. These state labor laws allow injured workers (or their lawyers) to sue in civil court. You’re not just facing a fine—you’re facing full-blown liability lawsuits. Under the Scaffold Law (240), for example, a contractor can be held strictly liable, meaning you’re responsible even if the worker’s actions partly caused the injury.
2. Judges and juries decide your fate, not OSHA. Civil courts can award massive settlements for medical costs, lost wages, and pain and suffering. There’s no cap, and it often includes legal fees.
3. General contractors and property owners may push that liability downstream. If you’re a subcontractor and haven’t nailed your safety protocols and documentation, you could be the one footing the bill.

Bottom line: With OSHA, you’re dealing with fines and compliance fixes. With New York State labor law, you’re also risking lawsuits that could shut your business down.

Real Examples, Real Risks, Real Consequences

Construction is one of the deadliest industries in New York State. These recent cases show how quickly things can go wrong when safety is ignored—and what it can cost contractors.

• Two Workers Killed in JFK Airport Trench Collapse (April 2023)
  Triumph Construction Corp. was cited after two employees were fatally crushed when an unprotected trench collapsed at JFK Airport. OSHA found the Bronx-based contractor failed to support the slab, instruct workers on safe removal methods, or construct a protective system in line with OSHA standards. The company was cited for four serious violations and faces $59,153 in proposed penalties.
• Fatal Fall in Smyrna, NY (December 2023)
  A worker fell 23 feet to his death while replacing a roof in Smyrna, NY. OSHA found A.W. Stiles Contractors failed to provide fall protection, lacked proper training protocols, and did not ensure supervision by a qualified person. The company was cited for eight serious violations with $83,885 in proposed penalties.
• Elite Roofing Services Fined $522,527 for Repeat Violations (April 2023)
  A roofer working for Elite Roofing Services Inc. fell nearly 20 feet to his death through an unguarded opening while installing metal decking on a flat industrial roof in Glen Cove, NY. OSHA found the Long Island-based contractor failed to provide required fall protection or proper training under the steel erection standard. The company was cited for six willful and one serious violation, with $522,527 in proposed penalties.
• Wall Collapse Kills Worker in Lower Manhattan (March 2023)
  A demolition site run by RJB Contracting Carting Corp. saw a partial wall collapse that killed one worker and injured three others. The company had a history of safety violations and had recently undergone a DOB inspection.
• Contractor Convicted After Wall Collapse Kills Child (2019 Incident, 2024 Conviction)
  Valley Stream contractor Nadeem Anwar was convicted of criminally negligent homicide after a stone wall he built collapsed and killed a 5-year-old girl. He had ignored engineering requirements and skipped permits.

How New York Subcontractors Can Stay Ahead of Safety Violations

Most safety violations on New York sites aren’t about carelessness—they’re about chaos. When teams are working across multiple sites, rushing to meet deadlines, and juggling paperwork, it’s easy for key steps to get missed. Fall protection gets overlooked. Training slips out of date. Forms don’t get filed. And that’s all it takes for a fine, a stop-work order, or worse.

The real issue isn’t just one unsafe act—it’s a system that doesn’t support the field. Paper logs, scattered apps, and inconsistent adoption don’t cut it in a city with this much regulatory oversight.
Here’s where better systems make a difference:

• Real-Time Oversight: When safety forms, incidents, or inspections are logged directly from the field, they can be flagged and resolved immediately. You don’t need to wait for paperwork to filter back through the office—or guess if the process was followed.
• Centralized, Audit-Ready Records: Everything from certifications and toolbox talks to incident reports and worker sign-ins lives in one place. No more scrambling when DOB or OSHA shows up. With timestamped, GPS-tagged documentation, you’re ready before they even ask.
• Direct, Crew-Wide Communication: Push updates, requirements, or safety notices straight to your team’s phones. When communication is consistent and visible, compliance gets easier—and accountability gets built in.

Final Word

Staying compliant in New York isn’t about adding more rules—it’s about having the tools to follow the ones that already exist. From Scaffold Law liability to SST enforcement, the risk isn’t theoretical. And the cost of missing something isn’t small.

Corfix helps subcontractors tighten up their process without adding more admin. It gives the field what they need to work safely—and gives you the confidence that it’s getting done.
Ready to run a cleaner, safer operation in New York? See how Corfix can help. 👇