Concerns Raised Over Threats to New York’s Safety Standards

Thank the sandhogs if you have ever utilized New York City’s vast subway system, crossed its iconic bridges, or turned on your tap for fresh water. For over a century, members of the Compressed Air and Free Air Tunnel Workers, Local 147 (LIUNA), commonly referred to as “sandhogs,” have been instrumental in constructing the infrastructure that propels one of the world’s largest cities. Their labor involves digging tunnels, laying foundations, and maintaining the underground framework essential for the city’s operations.

These workers endure grueling hours in perilous subterranean conditions, often facing hazardous machinery and unstable geological formations. The risks associated with this work are starkly evident, as evidenced by the tragic loss of 23 workers during the development of New York City Water Tunnel No. 3. Each day, sandhogs confront potential life-threatening hazards in their professional duties.

Despite the essential nature of their work and the dangers involved, a troubling shift is emerging from Washington. Congressman Nick Langworthy, representing upstate New York, has introduced a controversial piece of legislation known as the Infrastructure Expansion Act of 2025 (H.R. 3548), which has garnered significant backlash from labor advocates. Dubbed the “Scofflaw Contractors Ride Free Act” by workers, the bill seeks to impose drastic changes that would undermine long-standing safety regulations in New York.

Central to the bill’s provisions is a proposal that would strip New York of its federal infrastructure funding unless it repeals the Scaffold Safety Law (Labor Law §240). This law mandates that when a worker sustains an injury due to falls or falling objects caused by the negligence of owners or contractors, those responsible parties are liable for covering the injured worker’s medical care and related expenses. Historically, New York has upheld this principle to ensure that injured workers are not financially burdened by the failures of employers to maintain safe working conditions.

The pushback against this legislation stems from claims made by contractors and insurance companies, who argue that the Scaffold Safety Law imposes an undue financial burden on them in case of accidents. However, opponents of the bill contend that these assertions are misleading. Courts have repeatedly ruled in favor of contractors in instances where injuries resulted from workers neglecting safety protocols, demonstrating that liability is not absolute as claimed.

Furthermore, while contractors argue that safety measures are overly costly, insurers have confirmed they do not monitor safety-related expenses under the Scaffold Law, focusing instead on profits—which reached a record-breaking 9 billion in 2024 for property and casualty insurers.

The Scaffold Safety Law’s design is to protect those performing some of the most dangerous construction tasks, particularly at elevated heights, by holding the most resourceful parties accountable for safety. Stripping this accountability, as proposed by Langworthy’s bill, would not only jeopardize worker safety but would also shift the financial liabilities to injured workers and their families, thereby overburdening healthcare and social security systems with costs that ought to be borne by negligent parties.

In summary, this controversial legislation poses significant risks not only to the livelihood of construction workers but also to taxpayers who may ultimately bear the costs of accidents and injuries that arise from unsafe practices. As such, labor advocates are urging lawmakers to reject this proposal and maintain the protections afforded by the Scaffold Safety Law, emphasizing that the integrity of New York’s infrastructure depends as much on safe practices as it does on expansion.

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