22 The Courier sun • november 26, 2015 FOR BREAKING NEWS VISIT www.qns.com 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 St. Michael’s Cemetery 72-02 Astoria Boulevard • East Elmhurst, NY 11370 Tel: 718.278.3240 • Fax: 718.278.2168 Call Now & End Your Tax Nightmare! • Owe the IRS more than $10,000? • Being Audited? • Unfi led Tax Returns? • Wage & Bank Levies? Co-Author of the best selling book “Breaking the Tax Code” (T) 877-TAX-1040 (F) 718-894-4476 Salvatore P. Candela, EA, ATA, ABA Enrolled Agent - Tax Advisor scandela@thetaxadvocategroup.com www.thetaxadvocategroup.com St. Michael’s renews last year’s efforts to make the upcoming Holiday Season joyful for needy children. On Saturday, December 19th at 2P.M. within All Souls Chapel, the United States Marines will collect presents to be distributed to children across the metro area. YOUR AID IS NEEDED! At this time of economic pain it is up to us to make the Holidays a time of Joy for children. Hank Johnson of Jazzbone Records playing Christmas favorites on the piano. For further information contact Ed Horn. Phone: 718.278.3240
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