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TRIPPING OVER A GAP BETWEEN THE TOP STEP OF A STAIRCASE AND THE LANDING IS NOT A GRAVITY-RELATED INCIDENT COVERED BY LABOR LAW 240(1); RE: LABOR LAW 241(6), THE INDUSTRIAL CODE PROVISION REQUIRING COVERS OVER HAZARDOUS OPENINGS APPLIES ONLY TO OPENINGS A WORKER CAN COMPLETELLY FALL THROUGH (SECOND DEPT).

​The Second Department, reversing (modifying) Supreme Court, determined (1) tripping because of a gap between the top step of a staircase and the landing was not the type of gravity-related incident covered by Labor Law 240(1), (2) the industrial code provision requiring covers over hazardous openings applies only to openings through which a worker can completely fall through, and (3), the industrial code provision prohibiting tripping hazards was applicable:

… [T]he plaintiff’s injuries did not fall within the ambit of Labor Law § 240(1) because they did not occur as the result of an elevation-related or gravity-related risk … .

“Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers” … 12 NYCRR 23-1.7(b)(1)(i) provides that “[e]very hazardous opening into which a person may step or fall shall be guarded by a substantial cover fastened in place or by a safety railing.” “The provision pertaining to ‘hazardous openings’ … does not apply to openings that are too small for a worker to completely fall through” … .

… Supreme Court properly granted that branch of the plaintiff’s motion which was for summary judgment on the issue of liability on so much of the Labor Law § 241(6) cause of action as was predicated on a violation of 12 NYCRR 23-1.7(e)(1), which relates to tripping hazards … . Castro v Wythe Gardens, LLC, 2023 NY Slip Op 03329, Second Dept 6-21-23

Practice Point: Tripping over a gap between the top step of a staircase and the landing is not covered by Labor Law 240(1).

Practice Point: Re: Labor Law 241(6): The industrial code provision requiring covers over hazardous openings applies only to openings a worker can completely fall through.

 

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