Bill Text: NY S01703 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that where safety equipment or devices have been made available, and an employee has failed to follow safety instruction or safe work practices in accordance with training provided, or failed to utilize provided safety equipment or devices, or engaged in a criminal act or was impaired by the use of drugs or alcohol, and such failure, act or impairment is a proximate cause of an injury to such person, the conduct attributable to such person shall not bar recovery, but the amount of damages otherwise recoverable shall be determined in accordance with contributory negligence provisions.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S01703 Detail]

Download: New_York-2021-S01703-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1703

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        Introduced  by  Sens. GALLIVAN, AKSHAR, JORDAN -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary

        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    §  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.
                                                                   LBD04105-01-1
        S. 1703                             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    §  2.  This  act  shall take effect immediately and shall apply to all
    13  causes of actions accruing on or after such date.