Scaffold Law Reform Gains Renewed Momentum as BCW Continues Decades-Long Advocacy

The Business Council of Westchester has long advocated for meaningful reform of New York’s Scaffold Law to reduce construction costs, strengthen economic development and support a more competitive business environment.

After years of stalled efforts, momentum may finally be building toward reform of New York State’s Scaffold Law, a longstanding priority of the Business Council of Westchester (BCW) and a key issue impacting construction costs, housing development and economic growth across the state.

According to an October 6 report by Crain’s New York Business, officials within Governor Kathy Hochul’s administration are examining the law as part of broader efforts to address rising insurance costs and improve housing affordability. While no formal proposal has been announced, renewed discussions have given advocates reason for optimism heading into the next legislative session.

New York remains the only state to impose an absolute liability standard on property owners and general contractors for gravity-related construction injuries. Advocates for reform argue that this standard contributes to disproportionately high insurance premiums, increases construction costs and discourages investment in new development.

The Citizens Budget Commission estimates that reform could reduce construction costs by as much as $42,000 per apartment. Additionally, a report from the Building Trades Employer Association found that construction insurance costs in New York are two to five times higher than in other states, accounting for approximately 8% to 10% of total construction expenses.

For decades, the BCW has championed Scaffold Law reform as part of its ongoing legislative advocacy, recognizing the significant financial burden the law places on businesses, developers and property owners. The BCW has consistently called for a more balanced approach to liability that maintains workplace safety while helping reduce excessive insurance costs and encouraging investment, job creation and economic development.

The issue remains especially relevant as Westchester and communities throughout New York work to expand housing opportunities, attract investment and address rising development costs.

Although reform continues to face opposition from trial attorneys and organized labor over concerns about worker safety, the renewed attention from state policymakers represents a potentially significant opportunity for progress.

As discussions continue in Albany, the BCW remains committed to advocating for common-sense Scaffold Law reform that supports worker safety, housing affordability and a stronger, more competitive economy for Westchester County and all of New York State.