New York Daily News - April 17, 2014, by Errol Louis - New York is about to embark on a historic building boom — and that has touched off a furious new round in a long-running battle about how to protect the health and safety of the workers who create the city’s glittering skyline. This month alone, two men have fallen to their deaths while working on midtown buildings under construction — a grim reminder that the skyscrapers we boast about come at a high cost, and sometimes a tragic one.

We’ll see many more projects get off the ground in the months ahead. The de Blasio administration is set to announce plans this week to rebuild areas devastated by Hurricane Sandy, and in early May will unveil a larger plan for building or maintaining 200,000 units of housing.

That’s a lot of work to be done — and thousands of men and women needed to engage in one of the most dangerous professions in America.

In 2011 and 2012, a staggering 1,513 construction workers died on the job nationwide, more than in any other industry, according to Public Citizen, a national think tank. Thirty-six of them were in New York City.

“You literally see people who are not making a ton of money losing their lives to grow the economy of this city,” says Jose Duffy, a policy advocate at the Center for Popular Democracy, a Brooklyn-based nonprofit group.

“These are people literally dying because employers aren’t putting in basic safety regulations.”

At the center of the current fight is Local Law 240, also known as the Scaffold Law, which allows construction workers who get injured or killed on the job to sue the companies that hired them. The law was passed in the 1880s as New York began constructing the world’s first skyscrapers — and losing workers maimed or killed as the structures went up.

The construction industry has been trying for more than a century to shrink or repeal the law, and allow firms to avoid or limit liability if they can prove that an accident was the fault of the dead or injured worker. Industry lobbyists duly prowled the halls of the statehouse this year.

Lawsuits are a less-than-perfect way to force the industry to take safety seriously, but there aren’t many alternatives. Public Citizen estimates it would take the Occupational Safety and Health Administration more than 100 years to inspect every New York State construction site even once.

So workers sue when they get hurt on unsafe job sites, and insurance companies charge building companies hefty premiums in exchange for paying the claims of those killed or injured workers. A recent report by pro-industry researchers at SUNY’s Rockefeller Institute estimates that the law costs New York $150 million in economic output and 12,000 jobs — expenses imposed by insurance companies, which charge construction firms.

Duffy’s group, in turn, issued its own report this week attacking the methods and motives of the Rockefeller Institute study.

While the political battle goes on in Albany, people like Walter Cabrera are caught in the middle. Speaking through a translator, Cabrera, who came here from Peru a decade ago, told me how his supervisor had him work on a defective scaffold at 240 West Broadway in 2011.

The rig didn’t have hand rails, and Cabrera ended up falling and injuring his knee, wrist and elbow. Three years and two surgeries later, he remains unable to work and is in the process of suing the company that hired him.

While Cabrera waits out the legal process in his Jackson Heights apartment, the building he helped construct — a swank Tribeca condo now called 1 North Moore — has a penthouse that listed at $8 million and units that sold for $5 and $6 million, according to curbed.com.

It would be unthinkably immoral to build the city on the injured backs of disabled immigrant workers. Until there’s a better alternative, it looks like the Scaffold Law is here to stay.

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