Authorizing A Method Of Work Does Not Constitute Control Over The Work

In Delaney v. City of New York, plaintiff was working on a bridge owned by the City. He was struck by a pick-up truck operated by a co-employee when he entered a lane of travel on the roadway that had been closed to allow the work to be performed. The Court held that the accident arose out of his employer's means and methods, and that, simply because the City authorized lane closeures it could not be found to have exercised supervision and control over plaintiff's work within the meaning of Labor Law sect. 200. The Court also held that sect. 200 liability cannot be based upon alleged OSHA violations, as the City was not plaintiff's employer and OSHA applies only to employee/employer relationships.