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Cleaning Gutters Not Covered

The Second Department determined that cleaning out gutters is not work covered under Labor Law 240(1):

Although Labor Law § 240(1) applies to commercial “cleaning” which is not part of construction, demolition, or repair …, such as commercial window washing and sandblasting …, it does not apply to work that is incidental to regular maintenance, such as clearing gutters of debris … . Hull v Fieldpoint Community Assn Inc, 2013 NY Slip Op 06837, 2nd Dept 10-23-13

 

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