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BED OF A PICKUP TRUCK IS A PROPER PLATFORM WITHIN THE MEANING OF THE INDUSTRIAL CODE, PLAINTIFF’S RIDING ON THE BED OF THE PICKUP WHILE DOING DEMOLITION WORK, THEREFORE, DID NOT VIOLATE THE INDUSTRIAL CODE.

The Second Department, reversing Supreme Court, determined plaintiff’s riding in the back of a pick-up truck was not an Industrial Code violation. Plaintiff was injured when the truck came to an abrupt stop. He was instructed to ride in the back of the truck a short distance while moving debris to a dumpster. The Second Department held that the bed of the truck was a proper “platform” within the meaning of the Industrial Code and, therefore, plaintiff’s injury was not caused by an Industrial Code violation:

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… [T]he plaintiff asserted a cause of action pursuant to Labor Law § 241(6) predicated on an alleged violation of section 23-9.7(e) of the Industrial Code (12 NYCRR 23-9.7[e]), which reads as follows: “Riding. No person shall be suffered or permitted to ride on running boards, fenders or elsewhere on a truck or similar vehicle except where a properly constructed and installed seat or platform is provided.” The defendants separately moved, inter alia, for summary judgment dismissing the Labor Law § 241(6) cause of action insofar as asserted against each of them, arguing that the platform of a pickup truck is a “properly constructed and installed . . . platform” within the meaning of section 23-9.7(e). The Supreme Court denied those branches of the motions.

“The interpretation of an Industrial Code regulation presents a question of law for the court” … . Moreover, in interpreting a regulation, this Court must assume that the promulgating agency ” did not deliberately place a phrase in the [regulation] which was intended to serve no purpose . . . and each word must be read and given a distinct and consistent meaning'” … .

Guided by the above principles, the word “platform” as used in subdivision (e) of section 23-9.7 must reasonably be read to include the platform of a pickup truck. While such a platform is normally intended for transporting cargo, the Vehicle and Traffic Law contemplates that it may also be used, without restriction, to carry people over distances of less than five miles (see Vehicle and Traffic Law § 1222). Thus, it is reasonable to interpret section 23-9.7(e) as excluding from its scope an activity that is not prohibited by Vehicle and Traffic Law § 1222.

Therefore, under the facts presented, the defendants established, prima facie, that the plaintiff could not establish a violation of section 23-9.7(e) of the Industrial Code. In opposition, the plaintiff failed to raise a triable issue of fact … . Pruszko v Pine Hollow Country Club, Inc., 2017 NY Slip Op 03025, 2nd Dept 4-19-17

 

LABOR LAW-CONSTRUCTION LAW (BED OF A PICKUP TRUCK IS A PROPER PLATFORM WITHIN THE MEANING OF THE INDUSTRIAL CODE, PLAINTIFF’S RIDING ON THE BED OF THE PICKUP WHILE DOING DEMOLITION WORK, THEREFORE, DID NOT VIOLATE THE INDUSTRIAL CODE)/PLATFORM (LABOR LAW-CONSTRUCTION LAW, INDUSTRIAL CODE, BED OF A PICKUP TRUCK IS A PROPER PLATFORM WITHIN THE MEANING OF THE INDUSTRIAL CODE, PLAINTIFF’S RIDING ON THE BED OF THE PICKUP WHILE DOING DEMOLITION WORK, THEREFORE, DID NOT VIOLATE THE INDUSTRIAL CODE)/TRUCKS (LABOR LAW-CONSTRUCTION LAW, BED OF A PICKUP TRUCK IS A PROPER PLATFORM WITHIN THE MEANING OF THE INDUSTRIAL CODE, PLAINTIFF’S RIDING ON THE BED OF THE PICKUP WHILE DOING DEMOLITION WORK, THEREFORE, DID NOT VIOLATE THE INDUSTRIAL CODE)

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