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Meaning of “Passageway” at Work Site Explained

The Fourth Department. in this negligence, Labor Law 200 and Labor Law 241 (6) action discussed the applicable theories of notice and liability for an allegedly dangerous condition just outside a portable toilet at the work site which caused plaintiff to fall and sustain injury. With respect to the Labor Law 241 (6) cause of action, the Court determined that the area where the accident occurred was not a “passageway” within the meaning of 12 NYCRR 23-1.7(e)(1) which provides that passageways shall be kept free of obstructions.  Justice Whalen dissented, arguing that 12 NYCRR 23-1.7(e)(1) applied and there was an issue of fact whether the regulation was violated.  Steiger v LPCiminelli, Inc., et al, 1439, CA 12-01229, 4th Dept. 3-15-13​

 

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