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OPENINGS THROUGH WHICH A WORKER’S BODY COULD NOT COMPLETELY FALL NOT ACTIONABLE UNDER LABOR LAW 240(1) OR 241(6).

Plaintiff was injured when his leg slipped into a 12-inch square opening in a rebar grid. The Second Department determined an opening through which a worker's body could not fall through was not an elevation hazard (Labor Law 240(1)) and did not violate a regulation prohibiting “hazardous openings” (Labor Law 241(6):

… [T]he openings of the grid, which were not of a dimension that would have permitted the plaintiff's body to completely fall through and land on the floor below, did not present an elevation-related hazard to which the protective devises enumerated in Labor Law § 240(1) are designed to apply … . …

This Court has repeatedly held that 12 NYCRR 23-1.7, which concerns “hazardous openings,” does not apply to openings that are too small for a worker to completely fall through … . Vitale v Astoria Energy II, LLC, 2016 NY Slip Op 02986, 2nd Dept 4-20-16


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