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Faso urges feds to bypass NY scaffold law

Nov 26, 2018 2:00 pm
David Lombardo is reporting for Capitol Confidential outgoing Republican U.S. Rep. John Faso is telling the federal government he does not want federal funds to be "wasted" on projects where he believes the state’s Scaffold Law is driving up costs. In a letter to U.S. Transportation Secretary Elaine Chao, Faso says that federal funds should be awarded only with a requirement that the parties “agree to utilize a comparative negligence standard” for injuries on a project. New York's 133-year-old law imposes an “absolute liability” standard for workplace injuries caused by falls, and it is the only state in the country that imposes that standard in gravity-related injury cases. Faso estimates the Scaffold Law accounted for $200 million of the final bill to replace the Tappan Zee Bridge. His argument is based on the idea that the federal government can preempt state law with conditional contracts, which he believes will prove more economical. “I firmly believe that this action would lead to reduced construction costs within New York and result in significant savings to federal taxpayers,” Faso wrote. Read the full story at Capitol Confidential, a Times Union blog.
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