On January 18, 2018, a Manhattan Judge declared that the MTA was responsible for the injuries suffered by a sandhog who fell off an unsecured 8 foot straight metal ladder. The sandhog proved that while attempting to gain access to an elevated height (where he was required to spray concrete) in a tunnel at Grand Central Station, he climbed 4 feet up the ladder when it slipped on the ground away from the wall, at which point he jumped off injuring his foot. The Court held that the MTA violated Labor Law 241 (6).
The MTA blamed the sandhog for jumping off the sliding ladder but the Court found in his favor because the law requires the owner of the construction site to provide an adequate safety device to prevent ladders from slipping. The MTA failed to follow this simple guideline (securely fasten the ladder at the bottom and top) and now must attend a damages trial where a jury will determine how much to compensate the sandhog for his injuries.