Bill Text: NY A04706 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the public authorities law, in relation to protecting metropolitan transportation authority employees from its possible negligence

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2010-01-06 - referred to corporations, authorities and commissions [A04706 Detail]

Download: New_York-2009-A04706-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4706
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2009
                                      ___________
       Introduced  by  M.  of  A.  BRENNAN,  GREENE,  COLTON, HOOPER, MAISEL --
         Multi-Sponsored by -- M. of A. ABBATE, COOK, GLICK, GOTTFRIED,  HEAST-
         IE,  JACOBS,  JOHN,  NOLAN,  ORTIZ,  PHEFFER, SWEENEY -- read once and
         referred to the Committee on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in  relation  to  protecting
         metropolitan  transportation  authority  employees  from  its possible
         negligence
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative intent. This legislative body recognizes that
    2  metropolitan transportation authority workers face dangerous  and  some-
    3  times  fatal  circumstances  daily due to the nature of their work. This
    4  body also recognizes that given the dangerous nature of the  occupation,
    5  there  is a need for competent supervision and precise up-to-date infor-
    6  mation on the possible dangerous  conditions  facing  the  employees  on
    7  their  assignment.  In order to ensure proper supervision, there must be
    8  an avenue of redress for employees or their representatives to use  when
    9  they  are  not  being  given appropriate and adequate supervision or are
   10  subject to conditions where safety markers or designations  mandated  by
   11  law  or  regulation are not present. Therefore, it is the intent of this
   12  legislative body to protect these metropolitan transportation  authority
   13  employees from such negligence by enacting the following legislation.
   14    S  2.  Subdivisions  5 and 6 of section 1276 of the public authorities
   15  law are renumbered subdivisions 6 and 7 and a new subdivision 5 is added
   16  to read as follows:
   17    5. (A) IN ADDITION TO ANY OTHER RIGHT OF ACTION OR RECOVERY UNDER  ANY
   18  OTHER  PROVISION OF LAW, IN THE EVENT ANY ACCIDENT CAUSING INJURY, DEATH
   19  OR DISEASE WHICH RESULTS IN DEATH OCCURS DIRECTLY  OR  INDIRECTLY  AS  A
   20  RESULT  OF  ANY NEGLECT, OMISSION, WILLFUL OR CULPABLE NEGLIGENCE OF ANY
   21  PERSON OR PERSONS EMPLOYED BY THE METROPOLITAN TRANSPORTATION  AUTHORITY
   22  IN  PERMITTING  TO  BE  VIOLATED,  OR FAILING TO COMPLY WITH, ANY SAFETY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03252-01-9
       A. 4706                             2
    1  STANDARDS AUTHORIZED PURSUANT TO ANY LAW,  RULE  OR  REGULATION  OF  ANY
    2  FEDERAL  OR  STATE AGENCY CONCERNED WITH OCCUPATIONAL SAFETY AND HEALTH,
    3  THE PERSON OR PERSONS GUILTY  OF  SAID  NEGLECT,  OMISSION,  WILLFUL  OR
    4  CULPABLE  NEGLIGENCE AT THE TIME OF SUCH INJURY OR DEATH SHALL BE LIABLE
    5  TO PAY ANY EMPLOYEE SO INJURED, OR WHOSE LIFE MAY BE LOST WHILE  IN  THE
    6  DISCHARGE OF ANY DUTY IMPOSED BY THE METROPOLITAN TRANSPORTATION AUTHOR-
    7  ITY,  ITS  OFFICERS AND EMPLOYEES, OR TO PAY TO THE SPOUSE AND CHILDREN,
    8  OR TO PAY THE PARENTS, OR TO PAY THE BROTHERS  AND  SISTERS,  BEING  THE
    9  SURVIVING  HEIRS-AT-LAW  OF  ANY DECEASED PERSON THUS HAVING LOST HIS OR
   10  HER LIFE, A SUM OF MONEY, IN CASE OF INJURY TO PERSON, NOT LESS THAN ONE
   11  THOUSAND DOLLARS AND, IN THE CASE OF DEATH, NOT LESS THAN FIVE  THOUSAND
   12  DOLLARS,  SUCH  LIABILITY TO BE DETERMINED AND SUCH SUMS RECOVERED IN AN
   13  ACTION TO BE INSTITUTED BY ANY PERSON INJURED OR THE FAMILY OR RELATIVES
   14  OF ANY PERSON KILLED AS AFORESAID PROVIDED,  HOWEVER,  THAT  NOTHING  IN
   15  THIS SECTION SHALL BE DEEMED TO EXPAND OR RESTRICT ANY RIGHT AFFORDED TO
   16  OR LIMITATION IMPOSED UPON AN EMPLOYER, AN EMPLOYEE OR HIS OR HER REPRE-
   17  SENTATIVE BY VIRTUE OF ANY PROVISIONS OF THE WORKERS' COMPENSATION LAW.
   18    (B)  WITH  RESPECT TO ANY RECOVERY, THERE SHALL BE OFFSET AGAINST SUCH
   19  RECOVERY ANY AMOUNTS PAID PURSUANT TO THE WORKERS' COMPENSATION LAW  AND
   20  COLLECTIVE BARGAINING AGREEMENTS.
   21    S 3. This act shall take effect immediately.