“Safety Consultant” Liable for Failure to Maintain Safe Work Site

In upholding a jury verdict, the Third Department determined there was sufficient evidence to support the jury’s finding that a safety consultant was liable under Labor Law 241 (6) for failing to maintain a safe work site:

Labor Law § 241 (6) “‘requires owners and contractors to provide reasonable and adequate protection and safety for workers and to comply with the specific safety rules and regulations promulgated by the Commissioner of the Department of Labor'”…. Although a safety consultant generally is not liable to an injured worker under the Labor Law…,it is not the title that is dispositive, but whether such defendant had sufficient supervision and control over the activity that resulted in the injury….  We have previously stated that “[s]ubcontractors may be liable as agents under Labor Law § 241(6) when they have been specifically contractually delegated the duty or obligation to correct unsafe conditions or maintain work site safety”… .

The contract …set forth that a representative of defendant would be at the work site daily, make inspections, conduct safety meetings and have authority to require “immediate corrective action for imminent danger situations.” Defendant’s representative was continuously at the site throughout the project, and he exercised his power on several occasions prior to the accident by stopping work and requiring defendant to take specific precautions or actions. He was present when the accident occurred.  Leszczynski v Town of Neversink, 514876, 3rd Dept, 6-13-13