Advertorial CAT OFF THE WALK Q: With two other workers, I was working to replace an advertisement on a billboard. It was elevated sixty feet from the ground. The billboard was composed of a two-sided metal frame, set on a metal tube embedded in the ground. Like the new advertisement, the old one had been printed on pieces of vinyl. In order to install the new advertisement, we needed to attach some additions, called extensions, to the existing frame. An extension is a plywood cutout shaped to accommodate the advertisement’s artwork, when it exceeds the boundaries of the billboard’s frame. The extension is attached directly to the frame with nails, nuts and bolts. At one point, in order to get around one of my co-workers, I detached my lanyard (rope) from the catwalk’s safety cable. Before I was able to reattach the lanyard, a strong wind gust caused a loose piece of the old advertisement to strike me in the chest, knocking me to the ground. A: From these facts, it appears that you have a viable claim under at least three sections of the Labor Law. Under section 240(2), that catwalk should have been surrounded by a safety railing. Apparently, the catwalk was not. Under section 240(1), a property owner can be liable for failing to provide sufficient safety devices to protect a worker, who is engaged in “altering” a structure, from elevation-related risks. Installing extensions that change the physical shape of a billboard amounts to altering it. It should not matter that you were not doing so at the actual moment of the accident. Similarly, under section 241(6), all areas in which “construction” work is being performed must be so equipped as to provide reasonable and adequate protection and safety to the workers. Construction includes alteration. Look to us at a time when compassion and trust are needed the most. N e w l y R e n o v a t e d F a c i l i t i e s • Chapel, Family Gathering & Graveside Services Available • Arrangements Can be Made in the Comfort of Your Own Home • Live Broadcasting of Funerals Over the Internet • Monument and Inscription Services Available On-site • FDIC Insured Pre-Arrangements • On Staff Rabbi to Answer All Questions Call 24 Hours a Day, 7 Days a Week 718-896-9000 or 1-888-860-8616 6 lehavre Courier | october 2016 | www.qns.com I AM LOOKING TO RENT A PARKING SPACE IN LE HARVE NEAR BUILDING #15. Weekends only would be fine. Call 718 767-8664 or 516-660-0015 PERSONAL DRIVING SERVICE PET FRIENDLY “We Drive-You Arrive” FOR RESERVATIONS PLEASE CALL: PAULA GIBLY 917-217-4845 EZRA GIBLY 917-217-4859 “NO JOB TOO BIG, NO TRIP TO FAR” Legally Speaking By: Scott Baron, Attorney at Law The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 PARKSIDE MEMORIAL CHAPELS INC. 98-60 Queens Boulevard • Forest Hills, NY Other Chapels Located in Rockville Center, Woodbury, Brooklyn, and in Florida in Dade County, Broward County, Palm Beach Counties www.parksidememorialchapels.com
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