Bill Text: NY A05125 | 2019-2020 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A05125 Detail]

Download: New_York-2019-A05125-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5125
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M. of A. SCHIMMINGER, MONTESANO -- Multi-Sponsored by --
          M. of A. GALEF, HAWLEY, KOLB -- read once and referred to the  Commit-
          tee 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    §  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.
                                                                   LBD03837-01-9

        A. 5125                             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    § 2. This act shall take effect immediately and  shall  apply  to  all
    18  causes of actions accruing on or after such date.
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