One thing about pot overlooked

To the editor:

(re: “How could legal weed affect your workplace?” Feb. 13)

As Gov. Cuomo looks to legalize marijuana, New Yorkers already are trying to figure out how it will affect the work place.

In the recent story by Heather J. Smith, many of the more obvious issues are addressed. However, one thing remains unmentioned — Labor Law 240, also known as the Scaffold Law.

Under the Scaffold Law — which only exists in New York — intoxication is not a defense for a contractor or property owner for a personal injury claim. So a construction worker could be high on marijuana, injure themselves or others, and still win 100 percent of a multi-million-dollar lawsuit.

According to Tate v. Clancy Cullen Storage Co. Inc., “could … intoxication as a contributing cause of the happening of the accident be a defense to the cause of action? The short answer is no.”

If marijuana were to be legalized in New York, legislators need to consider every aspect before moving forward.

The Scaffold Law needs to be reformed or else New Yorkers will continue to pay the unnecessary price of an outdated law.

Fiona Dutcher

The author is the public affairs coordinator for Lawsuit Reform Alliance of New York.

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