New York Appellate Court Confirms Protection for Workers Whose Tasks Are “Necessary and Incidental”
The New York courts have historically been committed to a broad application of the state’s labor laws, consistently finding protection for construction workers who perform tasks that are essential to completion of a project. A recent ruling underscores that commitment.
In Rodriguez v. Riverside Center Site 5 Owner LLC, the plaintiff worked for a company that delivered and pumped cement on a Manhattan high-rise project. After unloading his cement, the worker was directed by others on the site to move his vehicle to a wash box nearby, so that that chute could be rinsed out. The driver mounted an elevated platform on the truck to wash the chute when the railing around the platform collapsed. The driver fell approximately 10 feet to the ground, suffering significant injuries.
The driver subsequently filed a lawsuit against the property owner, RCB4 Nominee LLC; the construction manager, Tishman Construction Corporation of New York; and the concrete superstructure subcontractor, Sorbara Construction Corp, alleging that he was covered by Labor Law#240 (1). The defendants filed a motion for summary judgment and dismissal, contending that the plaintiff’s work of cleaning the truck was ancillary to the construction project and not covered by New York labor law.
The appellate court disagreed, agreeing with the New York Supreme Court ruling that the washing of the truck was “a continuation of his enumerated activity within the meaning of construction work under [s]ection 240,” and that such work was “necessary and incidental” to the construction work being done on the site. The appellate court further stated that the spirit of the New York labor law necessarily considers the “general context” of the work, not “isolated moments.”
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