A New York court has dismissed the idea that state rules that are meant to protect the public are preempted by federal rules committed to protecting workers. The decision came in a claim that had been filed by the Steel Institute of New York.
The Steel Institute of New York filed a lawsuit against the New York City’s Department of Buildings in July 2009. The lawsuit came soon after the city revised its crane safety rules following a series of deadly tower crane accidents in New York City. However, according to the Steel Institute of New York, the new crane safety statutes were created by the US federal Occupational Safety and Health Act, which governs workplace safety in the United States. The lawsuit claimed that the new crane safety statutes violated the rights of members of the Steel Institute of New York. The Steel Institute of New York lawsuits argued that the regulations were preempted by federal law, thereby effectively blocking them.
The court however has not obliged the Steel Institute. According to the court’s decision, it is absurd to say that a federal law that protects workers? rights should take precedence over a state law that is aimed at protecting general citizens. The court held that the Steel Institute of New York lawsuit was not able to present even a single instance as evidence to show that complying with any provision of the New York crane safety statutes would constitute a violation of regulations of the Occupational Safety and Health Demonstration.
The New York construction accident lawyers at Godosky and Gentile represent workers injured in crane accidents, scaffolding accidents, falls, electrocutions and other construction-related accidents across New York.