In 2023, New York construction sites saw the highest number of worker deaths in a decade. A report by the New York Committee for Occupational Safety and Health (NYCOSH) revealed that 74 construction workers died statewide in 2023. Of those, 30 deaths occurred in New York City alone. Both the raw number and the fatality rates in NYC and the state marked troubling new highs. (Construction Dive)

Key Findings

• The fatality rate in New York City reached 11.6 deaths per 100,000 full‑time equivalent workers in 2023, up slightly from 11.5 in 2022. Statewide, the rate was 10.4, up from 9.6. (Construction Dive)
• For context, the national rate for construction fatalities in 2023 was 9.6 per 100,000, meaning that New York is above national average. (Construction Dive)
• Latinx workers are disproportionately affected: they constituted about 26% of construction deaths in NY state, though they make up about 10% of the state’s labor force. (Construction Dive)
• Employers had OSHA violations in 74% of job sites where a death occurred, indicating that safety protocol and enforcement are points of consistent failure. (Construction Dive)

Causes & Areas of Concern

While the report does not always break down each case in great detail (nor do all data sources), recurring themes in such fatality cases include:

• Falls from heights or falls due to inadequate protection (scaffolding, ladders, staging)
• Failures in training or in ensuring that protective equipment is used properly
• Lack of oversight or enforcement — in many cases, violations that should have been corrected weren’t

Existing New York State Laws & Tools

New York already has several laws on the books designed to protect construction workers. Some are quite strong; others may need more robust enforcement.

Labor Law § 240 — The “Scaffold Law”

• This law requires owners, contractors, and their agents to provide scaffolding, ladders, hoists, rails, etc., that are properly constructed, placed, and operated. (FindLaw Codes)
• It imposes absolute (non‑delegable) liability in many cases involving falls or falling objects. That means even if a contractor had some safety program, or the worker bears some fault in the accident, the law can hold the owner or general contractor fully responsible. (NYLawnet)
• Specific requirements include, for example, that scaffolding or staging more than 20 feet above the ground or floor have safety rails at least 34 inches high and that scaffolds carry four times the load expected. (FindLaw Codes)

General Duty / Safe Workplace Laws (Labor Law § 200)

• Section 200 requires that worksites be reasonably safe, that equipment is maintained, that hazards are removed or mitigated, and that the work environment does not expose workers to unnecessary risks. It’s the catch‑all safety duty. (Porter Law Group)

Construction Industry Fatality Registry (Labor Law Section 44)

• New York requires a registry of workplace deaths in the construction industry. This includes reporting from coroners, medical examiners, and contractors. The goal is transparency and better data, to help understand trends and prevent future incidents. (Department of Labor)

Carlos’ Law (Criminal Corporate Liability)

• Named after Carlos Moncayo, a worker who died in 2015 when a trench collapsed, this law (S.621B/A.4947B) increases criminal penalties for corporations that negligently, recklessly, intentionally, or knowingly cause the death or serious physical injury of an employee. (Governor Kathy Hochul)
• Under Carlos’ Law, for felony convictions the minimum fines are now $500,000, and for misdemeanors at least $300,000. The maximum fines are even higher. These are large increases over earlier caps. (Crain’s New York)

Case Studies

The case of Wilk v. Columbia University, 150 A.D.3d 502, 57 N.Y.S.3d 5 (1^st Dept. 2017), illustrates the consequences when the safety laws fail to protect construction workers. In that case, a construction worker fell to his death through a window opening to an elevator shaft, and his estate brought claims against the property owner and various contractors and subcontractors. The court found in the estate’s favor, noting that it was undisputed that the scaffolding from which the worker fell lacked a guardrail. It would presumably have been inexpensive to provide a proper guardrail, and meanwhile, no award in favor of the estate can bring back the decedent.

In the more recent case of Garcia v. Soho AOA Owner, LLC, 234 A.D.3d 572, 225 N.Y.S.3d 254 (1^st Dept. 2025), a construction site safety manager was killed when he was struck by a metal sign falling from overhead. In reviewing a motion by the owner and construction manager to dismiss claims against them, the court noted the responsibility of property owners and contractors to conduct reasonable inspections of the site and identify potential hazards. The court refused to dismiss the case, which remains pending and, again, underscores the fact the relatively inexpensive efforts to inspect and provide safety equipment can save lives and expensive lawsuits.

Unfortunately, these case studies also suggest that existing law has not caused the parties responsible for construction projects to take worker safety as seriously as they should.

Why These Laws May Not Be Enough — and What More Could Help

The sharp rise in deaths despite these laws suggests there are gaps in enforcement, compliance, or both. Some points to consider:

1. Enforcement & Oversight
   Laws like § 240 or Carlos’ Law only matter if violations are caught and penalized. The high percentage of fatalities coinciding with OSHA violations (74%) points to repeated lapses in safety. But enforcement resources are always under pressure.
2. Training & Certification
   Many fatal incidents involve workers who weren’t properly trained or didn’t have access to safety equipment. NYCOSH recommends mandating construction training and certifications across municipalities (including removing financial barriers). (Construction Dive)
3. Accountability for Repeat Violators
   One of NYCOSH’s suggestions is to prevent firms with repeated egregious safety violations from receiving public contracts or benefits; revoke licenses of negligent contractors; and block repeat violators from bidding on projects. Laws like Carlos’ Law help, but administrative and civil penalties and restrictions could be enforced more aggressively.
4. Protection for Vulnerable Workers
   Latinx workers are disproportionately affected. Many are immigrants, some may be in less secure job situations, possibly working as subcontractors or laborers who have less voice or less access to safety networks. Ensuring protections, training, and oversight especially for those groups is essential.
5. Financial Barriers
   Even where training or safety equipment is required, workers (or small contractors) may find the cost to comply high. Subsidies, grants, or other public support for safety infrastructure or training may reduce barriers.

What More Can Be Done: Policy or Practice Changes

• Stronger Inspections: Increase frequency and quality of inspections, ensure job sites are checked regularly, not only after complaints or after tragedy.
• Faster Responses to Violations: Swift corrective action should be required after inspections identify hazards, including stop‑work orders where appropriate.
• Transparency & Data: Use the Fatality Registry and other data tools to identify high‑risk contractors, locations, and practices, and make that information public.
• Enhanced Liability for General Contractors and Owners: Ensure that liability flows up the chain — owners, general contractors, subcontractors — so responsibility is not diffused.
• Community & Worker Empowerment: Encourage whistleblower protections, worker complaint mechanisms, and allowing workers to refuse unsafe work without retaliation.
• Financial Disincentives for Unsafe Behavior: Besides fines, denying contracts, revoking licenses, or other penalties can create incentives to follow safety rules.

The recent data showing the highest number of construction deaths in New York State in over ten years is alarming. While the state’s laws such as the Scaffold Law (§ 240), the general duty clause (§ 200), the Fatality Registry, and Carlos’ Law provide strong tools, the rising death toll suggests that the problem is not legal under‑provision but under‑enforcement, under‑resourced oversight, training and accountability. Addressing these gaps could save lives — and the cost of failing to do so is too high.

John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: John@LIConstructionLaw.com or (631) 608-1346.

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