Bill Text: NY A04044 | 2015-2016 | General Assembly | Introduced


Bill Title: Applies laws of comparative negligence and assumption of risk to employees and certain other persons injured in the use of scaffolding and other devices in certain cases; applies outside cities of one million or more.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A04044 Detail]

Download: New_York-2015-A04044-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4044
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced  by  M. of A. SCHIMMINGER, MAGEE, MONTESANO, WALTER -- Multi-
         Sponsored by -- M. of A. CORWIN, GALEF, HAWLEY, KOLB -- read once  and
         referred to the Committee on Codes
       AN  ACT  to  amend  the civil practice law and rules, in relation to the
         applicability of certain provisions with respect to persons injured in
         the use of scaffolding and other devices for use by employees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 1414 to read as follows:
    3    S  1414.    APPLICABILITY  TO  CERTAIN  ACTIONS. 1.   IN ANY ACTION OR
    4  PROCEEDING TO RECOVER DAMAGES FOR PERSONAL INJURY, INJURY  TO  PROPERTY,
    5  OR  WRONGFUL  DEATH  PURSUANT TO SECTION TWO HUNDRED FORTY, SUBDIVISIONS
    6  ONE THROUGH FIVE OF  SECTION  TWO  HUNDRED  FORTY-ONE,  OR  SECTION  TWO
    7  HUNDRED  FORTY-ONE-A OF THE LABOR LAW, WHERE SAFETY EQUIPMENT OR DEVICES
    8  HAVE BEEN MADE AVAILABLE, AND A PERSON EMPLOYED OR OTHERWISE ENTITLED TO
    9  THE PROTECTION OF THE PROVISIONS OF SUCH SECTION HAS  FAILED  TO  FOLLOW
   10  SAFETY  INSTRUCTION  OR  SAFE WORK PRACTICES IN ACCORDANCE WITH TRAINING
   11  PROVIDED, OR FAILED TO UTILIZE PROVIDED SAFETY EQUIPMENT OR DEVICES,  OR
   12  ENGAGED  IN  A CRIMINAL ACT OR WAS IMPAIRED BY THE USE OF DRUGS OR ALCO-
   13  HOL, AND SUCH FAILURE, ACT OR IMPAIRMENT IS  A  PROXIMATE  CAUSE  OF  AN
   14  INJURY TO SUCH PERSON, THE CONDUCT ATTRIBUTABLE TO SUCH PERSON SHALL NOT
   15  BAR  RECOVERY,  BUT THE AMOUNT OF DAMAGES OTHERWISE RECOVERABLE SHALL BE
   16  DETERMINED IN ACCORDANCE WITH SECTION FOURTEEN HUNDRED  ELEVEN  OF  THIS
   17  ARTICLE  TO  THE EXTENT THAT SUCH CONDUCT RELATES TO THE COMMISSION OF A
   18  CRIMINAL ACT, IMPAIRMENT CAUSED BY THE USE  OF  DRUGS  OR  ALCOHOL,  THE
   19  FAILURE  TO  USE SAFETY EQUIPMENT OR DEVICES, THE FAILURE TO COMPLY WITH
   20  INSTRUCTIONS OR TRAINING  REGARDING  THE  USE  OF  SAFETY  EQUIPMENT  OR
   21  DEVICES  OR  THE FAILURE TO OTHERWISE COMPLY WITH SAFE WORK PRACTICES IN
   22  ACCORDANCE WITH SAFETY TRAINING PROGRAMS PROVIDED TO SUCH  PERSON.  SUCH
   23  TRAINING PROGRAMS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, COURSES IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08106-01-5
       A. 4044                             2
    1  CONSTRUCTION  SAFETY  AND  HEALTH CERTIFIED BY THE UNITED STATES OCCUPA-
    2  TIONAL SAFETY AND HEALTH ADMINISTRATION OR THE DEPARTMENT OF LABOR.
    3    2.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL BE DEEMED TO IMPOSE OR
    4  CREATE LIABILITY UNDER SUCH SECTIONS OF THE LABOR  LAW  REFERRED  TO  IN
    5  SUBDIVISION  ONE  OF  THIS SECTION, WHERE A PERSON EMPLOYED OR OTHERWISE
    6  ENTITLED TO THE PROTECTION OF THE PROVISIONS OF SUCH SECTIONS HAS FAILED
    7  TO FOLLOW SAFETY INSTRUCTIONS OR SAFE WORK PRACTICES IN ACCORDANCE  WITH
    8  TRAINING  PROVIDED,  OR  FAILED  TO UTILIZE PROVIDED SAFETY EQUIPMENT OR
    9  DEVICES, OR ENGAGED IN A CRIMINAL ACT OR WAS  IMPAIRED  BY  THE  USE  OF
   10  DRUGS OR ALCOHOL, AND SUCH FAILURE, ACT OR IMPAIRMENT IS THE SOLE PROXI-
   11  MATE CAUSE OF AN INJURY TO SUCH PERSON.
   12    3.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO ACTIONS OR
   13  PROCEEDINGS WHEREIN THE PERSONAL INJURY, INJURY TO PROPERTY, OR WRONGFUL
   14  DEATH IS ALLEGED OR SUBSEQUENTLY DETERMINED TO HAVE OCCURRED, OR  ARISEN
   15  OUT  OF  AN OCCURRENCE, WITHIN A CITY HAVING A POPULATION OF ONE MILLION
   16  OR MORE INHABITANTS.
   17    S 2. This act shall take effect immediately and  shall  apply  to  all
   18  causes of actions accruing on or after such date.
feedback