Bill Text: NY S04648 | 2011-2012 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO JUDICIARY [S04648 Detail]

Download: New_York-2011-S04648-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4648
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 14, 2011
                                      ___________
       Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       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.
                                                                  LBD06179-01-1
       S. 4648                             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.