Well, the New York Court of Appeals is most likely overjoyed to have also granted leave in another Labor Law matter.  The appeal, Morris v. Pavarini, concerns the application of Labor Law sec. 241(6) and, specifically 12 NYCRR 23.2(a) of the Industrial Code.  Section 241(6) requires owners and contractors to “provide reasonable and adequate protection and safety” for workers and to comply with the specific safety rules and regulations promulgated by the Commissioner of the Department of Labor. The duty to comply with those rules and regulations is nondelegable.

The plaintiff in Morris was injured when an unfinished concrete form from another wall fell on him while he was working on a different form (concrete forms are used as "molds" to pour concrete).  The plaintiff testified at his deposition that the form that fell on him had only one side, and thus was "[n]ot created yet."  12 NYCRR 23-2.2(a) provides:

“Forms, shores and reshores [for concrete work] shall be structurally safe and shall be properly braced or tied together so as to maintain position and shape.”

The First Department held that this particular rule was inapplicable because the form was incomplete, dismissing the plaintiff’s sec. 241(6) cause of action against the defendants.  The Court will now have an opportunity to clarify 12 NYCRR 23-2.2(a) and its applicability where forms, shores or reshores are incomplete when a worksite accident occurs.