Labor Law 241(6) Interpretation
Section 241(6) places a nondelegable duty upon owners and contractors to comply with the specific safety rules set forth in the Industrial Code (Ross v. Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 501-502, 618 N.E.2d 82, 601 N.Y.S.2d 49 ).
Plaintiffs argue that defendants violated 12 NYCRR 23-1.7 (a) (1), entitled "overhead hazards," which provides, as relevant:
Every place where persons are required to work or pass that is normally exposed to falling material or objects shall be provided with suitable overhead protection.
"Where an object unexpectedly falls on a worker in an area not normally exposed to such hazards, the regulation does not apply" (Buckley v. Columbia Grammar and Preparatory, 44 AD3d 263, 271, 841 N.Y.S.2d 249 [1st Dept., 2007]).