48-425 Scaffolds or staging; safety requirements. - Nebraska Statutes

48-425. Scaffolds or staging; safety requirements.All scaffolds, hoists, cranes, stays, ladders, supports or other mechanical contrivances used in the erection, repairing, alteration, removal or painting of any house, building, bridge, viaduct or other structure, shall be erected and constructed in a safe, suitable and proper manner. Scaffolding or staging, swung or suspended from an overhead support and more than twenty feet from the ground floor, shall have, where practicable, a safety rail properly bolted, secured and braced, rising at least thirty-four inches above the floor or main portion of such scaffolding or staging, and extending along the entire length of the outside and ends thereof and properly attached thereto, and such scaffolding and staging shall be so fastened as to prevent the same from swaying from the building or structure. SourceLaws 1911, c. 65, § 1, p. 289; R.S.1913, § 3602; Laws 1919, c. 190, tit. IV, art. IV, § 21, p. 562; C.S.1922, § 7702; C.S.1929, § 48-421; R.S.1943, § 48-425.Annotations1. Scaffolding or staging2. Miscellaneous1. Scaffolding or stagingThis section does not preclude indemnification against a breach of the statutory duty concerning scaffolding. Oddo v. Speedway Scaffold Co., 233 Neb. 1, 443 N.W.2d 596 (1989).It is the responsibility of a subcontractor who owns, erects, and controls scaffold for use of his own employees to comply with safety regulations hereunder. Hand v. Rorick Constr. Co., 190 Neb. 191, 206 N.W.2d 835 (1973).Duty to secure ladder was that of plaintiff independent contractor rather than of defendant general contractor. Laaker v. Hartman, 186 Neb. 774, 186 N.W.2d 494 (1971).Defective scaffold formed the basis of cross-petition by defendant against codefendant. Rogers v. Western Electric Co., 179 Neb. 359, 138 N.W.2d 423 (1965).Prior case involving scaffolding on building is distinguished. Fosler v. Aden, 175 Neb. 535, 122 N.W.2d 494 (1963).Where scaffold was supplied under contract of bailment, bailor was liable if scaffold did not meet requirements of statute. Baer v. Schaap, 168 Neb. 578, 97 N.W.2d 207 (1959).Scaffold must be safe, suitable, and proper for the purpose for which it is used, and employer is liable if it does not meet this requirement. Johnson v. Weborg, 142 Neb. 516, 7 N.W.2d 65 (1942).Issue of responsibility for proper erection and maintenance of ladder was question for a jury. Farmers Co-op Elevator Ass'n. v. Strand, 382 F.2d 224 (8th Cir. 1967).Erection of an unsafe scaffold is negligence per se. Continental Can Co. v. Horton, 250 F.2d 637 (8th Cir. 1957).2. MiscellaneousThis section does not apply to employer-independent contractor relationships. Semler v. Sears, Roebuck, & Co., 268 Neb. 857, 689 N.W.2d 327 (2004).Section is constitutional as to owner of real estate. Butera v. Mardis Co., 99 Neb. 815, 157 N.W. 1024 (1916).