Group Seeks All Drafts of Scaffold Law Report
Capitol Confidential - August 20, 2014, by Casey Seiler - The Center for Popular Democracy, a labor-backed advocacy group that supports New York’s controversial Scaffold Law, has filed an appeal of its initial Freedom of Information Law request for all communications between SUNY’s Nelson A. Rockefeller Institute of Government and the Lawsuit Reform Alliance, the business-backed anti-Scaffold Law group that paid almost $83,000 for an analysis of the law’s economic impacts.
That report, made public in February, has been the subject of fierce debate — concerning the details of the Institute’s report as well as larger issues of academic integrity. The Rockefeller Institute subsequently backed away from the most controversial chapter of the report, which included a statistical analysis that concluded gravity-related accidents fell in Illinois after the state ditched its version of Scaffold Law.
Scaffold Law, which places “absolute liability” on employers for gravity-related workplace injuries, is supported by labor unions but opposed by business groups that claim it needlessly drives up construction costs. Opponents would like to see New York follow other states by adopting a “comparative negligence” standard that would make workers proportionately responsible when their actions contribute to an accident.
The initial FOIL request from the Center for Popular Democracy resulted in SUNY’s release of email communications between Rockefeller Institute researchers and Tom Stebbins of the Lawsuit Reform Alliance — contact that was required by the contract for the report.
On appeal, SUNY released an initial draft copy of the report that had been attached to one of those emails. The TU last week offered a side-by-side comparison of the draft and final versions.
The Center is now requesting to see all subsequent drafts of the report. “Given that the anti-worker groups behind this debunked report are still trying to use its flawed findings to weaken New York’s safety laws, SUNY should release all of the drafts that we know exist,” said the group’s Josie Duffy. “What we saw in the one draft that SUNY did release was disturbing enough, but we still don’t have a full accounting of how this study was manipulated.”
A SUNY spokeswoman didn’t immediately respond to a request for comment — though it’s unlikely the system would have anything to say about the mere filing of a FOIL request.
Here’s the Center’s FOIL appeal:
