Bill Text: NY S05678 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees in any action outside of the city of New York.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-26 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05678 Detail]
Download: New_York-2017-S05678-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5678 2017-2018 Regular Sessions IN SENATE April 25, 2017 ___________ Introduced by Sen. GALLIVAN -- 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. Section 1413 of the civil practice law and rules is renum- 2 bered section 1414 and a new section 1413 is added to read as follows: 3 § 1413. Applicability to certain actions. 1. In any action or 4 proceeding outside of the city of New York and the counties contained 5 therein, to recover damages for personal injury, injury to property, or 6 wrongful death pursuant to section two hundred forty, subdivisions one 7 through five of section two hundred forty-one, or section two hundred 8 forty-one-a of the labor law, where safety equipment or devices have 9 been made available, and a person employed or otherwise entitled to the 10 protection of the provisions of such section has failed to follow safety 11 instructions or safe work practices in accordance with training 12 provided, or failed to utilize provided safety equipment or devices, or 13 engaged in a criminal act or was impaired by the use of drugs or alco- 14 hol, and such failure, act or impairment is a proximate cause of an 15 injury to such person, the conduct attributable to such person shall not 16 bar recovery, but the amount of damages otherwise recoverable shall be 17 determined in accordance with section fourteen hundred eleven of this 18 article to the extent that such conduct relates to the commission of a 19 criminal act, impairment caused by the use of drugs or alcohol, the 20 failure to use safety equipment or devices, the failure to comply with 21 instructions or training regarding the use of safety equipment or 22 devices or the failure to otherwise comply with safe work practices in 23 accordance with safety training programs provided to such person. Such 24 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. LBD11197-01-7S. 5678 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.
