Labor Law §240(1) requires site owners and “contractors” to provide certain listed devices (including “scaffolds,” “ladders,” and “other devices”) and to “cause” those devices to be “so constructed, placed and operated as to give proper protection.” Its sister statute, Labor Law §241(6), ostensibly requires the work site to be so “arranged, operated and conducted” as to provide “reasonable and adequate protection and safety.” However, as construed by the courts, Labor Law §241(6) requires only that site owners and contractors comply with those parts of the state construction regulations (12 NYCRR 23-1.1 et seq.) that are sufficiently specific or “concrete.”1

Both statutes are codified in Article 10 of the Labor Law, titled “Building Construction, Demolition and Repair Work.”