NSC_p023

NST122015

North Shore Towers Courier n December 2015 23 AT NORTH SHORE TOWERS FIRST TIME CLIENT FREE Manicure & CURRENT CLIENT Free Manicure On Your Birthday Good only Tues. & Wed. SALON & MED SPA 718-423-8800 718-225-4100 Martin Ragusa Video Technician/Consultant NORTH SHORE TOWERS 272-59 Grand Central Pkwy. Floral Park, N.Y. 11005 Tel. 516-328-2113 • 718-279-4595 Fax. 718-279-4597 • Email. pmprod@optonline.net Legally Speaking By: Scott Baron, Attorney at Law THE SWINGING LOAD Advertorial Q: At a six-story construction site, I was unloading some air-conditioner condensers from a delivery truck, and positioning them on pallets. One of these pallets became stuck under a side rail of the truck. The truck driver and the crane operator asked me to help place a jack under the stuck pallet. The driver would use a steel bar to pry back the side rail. The crane operator would use her crane to put tension on the pallet. When the plan was put into action, the pallet and the jack suddenly moved toward me and knocked me off the back of the truck. A: Under section 241(6) of the Labor Law, any area in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places. It may well be that your best bet is to allege a violation of section 241(6) and predicate it upon section 23-8.2(c)(3) of title 12 of the New York Codes, Rules and Regulations (NYCRR). Sub-subsection 23-8.2(c)(3) provides rules for when a mobile crane is lifting (i.e., hoisting) a load. So as to avoid swinging or rotation, the load must be raised vertically, and a tag or restraint line must often be used. Sub-subsection 23-8.2(c)(3) is designed to protect a worker from the hazards created by the possible horizontal movement of a load being hoisted by a crane. This statute may well be applicable to the facts of your case. If so, your attorney will search for proof that it has been violated. 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 © 2015 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 Hear Better for the Holidays with Siemens binax Hearing Aids! The binax Hearing Experience 800OFF $ purchase of a pair of Siemens 3 binax hearing aids Everyday retail price for Siemens 3 binax is $2,895 each, Sale Price $2,495 each. Offers cannot be combined. Excludes previous purchases. Call for details. Offer expires 12/31/15. FREE $25 Dunkin’ Donuts Gift Card with FREE Hearing Screening Must have hearing loss. Call for details. Offers cannot be combined. Offer expires 12/31/15. • Clinically proven* better than normal hearing in demanding listening situations • Automatically detects speech coming from any direction • Smartphone compatible and Bluetooth enabled Call 855.213.1070 to receive a FREE Demonstration of this amazing technology! Carle Place • Great Neck Call Toll Free: 855.213.1070 Welcome Empire MediBlue, Health First, Touchstone, Wellcare, GHI Emblem members, HIP and Medicare Advantage HMO plans. Attention all NY State and Federal Employees, Retirees and Spouses: You may be eligible for hearing aids at minimal or no cost. Call us for more information! * Studies conducted at University of Northern Colorado (2014) and Oldenburg Horzentrum (2013) showed that Speech Reception Thresholds (SRT) in cocktail-party situations improved up to 2.9dB for wearers with mild to moderate hearing loss using the latest BestSound™ Technology with Narrow Directionality, compared to people with normal hearing. This corresponds to over 25% improvement in speech understanding. © 2015 HearUSA, All Rights Reserved. www.hearusa.com


NST122015
To see the actual publication please follow the link above