Nagel v. D & R Realty Corp., 99 N.Y.2d 98 (2002)
Labor Law § 241(6) imposes a nondelegable duty on owners and contractors to provide reasonable and adequate safety to workers only when the work being performed falls within the context of construction, demolition, or excavation, not routine maintenance.
Summary
Bruce Nagel, a laborer, was injured while performing a routine two-year safety inspection on an elevator. He sued D & R Realty Corp., the building owner, alleging violations of Labor Law § 241(6). The New York Court of Appeals held that Nagel could not recover under this section because his work constituted routine maintenance, not construction, demolition, or excavation. The Court emphasized that Labor Law § 241(6) is specifically designed to protect workers engaged in the inherently hazardous activities of construction, demolition, or excavation, as evidenced by the statute’s legislative history and associated regulations.
Facts
Bruce Nagel was performing a two-year safety inspection on top of an elevator. The purpose of the inspection was to ensure the elevator’s safety mechanisms, specifically the brakes, were functioning correctly. During the inspection, Nagel slipped on oil and fell, sustaining an injury to his right shoulder. The accident occurred approximately 1.5 hours into the two-hour inspection process. The Nagels then brought an action against D & R Realty Corp., alleging violations of Labor Law §§ 200, 240 (1) and § 241 (6).
Procedural History
The Supreme Court granted D & R Realty Corp.’s motion for summary judgment, dismissing the complaint. The court reasoned that Nagel was performing routine maintenance work, which did not constitute construction, demolition, or excavation under Labor Law § 241(6). The Appellate Division affirmed this decision, clarifying that maintenance work only qualifies as construction if it involves significant structural work, not routine maintenance. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether Labor Law § 241(6) applies to injuries sustained during routine maintenance work, specifically a two-year elevator safety inspection.
Holding
No, because Labor Law § 241(6) is intended to protect workers engaged in the inherently hazardous work of construction, excavation, or demolition, and routine maintenance does not fall within this scope.
Court’s Reasoning
The Court of Appeals emphasized that the legislative history of Labor Law § 241(6) and the Industrial Code demonstrate a clear intent to protect workers from industrial accidents specifically connected with construction, demolition, or excavation. The Court highlighted that the statute’s title, “Construction, excavation and demolition work,” further supports this interpretation. The Court examined the Industrial Code’s definition of “construction work” (12 NYCRR 23-1.4[b][13]), which includes maintenance, but clarified that this definition must be construed consistently with the overall intent of Labor Law § 241(6). The Court reasoned that the regulation refers to protection in the construction, demolition, and excavation context. The Court distinguished this case from Mosher v. State of New York, where the plaintiff was injured while repaving a highway, an activity the court deemed to fall within the scope of Labor Law § 241(6) because it involved construction at a site. The court stated, “That the Legislature sought to protect workers from industrial accidents specifically in connection with construction, demolition or excavation work is, therefore, patent. In the present case, Nagel’s work of performing a two-year elevator test constituted maintenance work that was not connected to construction, demolition or excavation of a building or structure and is therefore not within the statute’s coverage.”