Bill Text: NY A07208 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the NYC transit authority on-track and surface omnibus safety program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to corporations, authorities and commissions [A07208 Detail]
Download: New_York-2011-A07208-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7208 2011-2012 Regular Sessions I N A S S E M B L Y April 18, 2011 ___________ Introduced by M. of A. HEASTIE -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to amend the transportation law, in relation to the New York city transit authority on-track and surface omnibus program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 403 of the transportation law, as added by chapter 2 209 of the laws of 2007, is amended to read as follows: 3 S 403. Definitions. For the purposes of this article: 4 1. "New York city transit authority" shall be deemed to include its 5 subsidiary, the Manhattan and Bronx Surface Transit Operating Authority, 6 and any other agency that may come under the control of the New York 7 city transit authority. 8 2. "New York city transit authority's on-track AND SURFACE OMNIBUS 9 safety program" shall mean the program as described in section four 10 hundred six AND SECTION FOUR HUNDRED EIGHT of this article. 11 S 2. Section 404 of the transportation law, as added by chapter 209 of 12 the laws of 2007, is amended to read as follows: 13 S 404. Establishment of the New York city transit authority track AND 14 SURFACE OMNIBUS safety task force. There is hereby established the New 15 York city transit track AND SURFACE OMNIBUS safety task force with 16 responsibility for the review of the New York city transit authority's 17 on-track AND SURFACE OMNIBUS safety program, including the following: 18 1. training and qualifications of affected employees; 19 2. appropriate procedures for protecting New York city transit author- 20 ity employees engaged in work along the track right-of-way, AND OPERA- 21 TORS OF SURFACE OMNIBUS VEHICLES including good faith challenge proce- 22 dures; 23 3. instructions to train AND SURFACE OMNIBUS operators; 24 4. relevant New York city transit authority rules; 25 5. third rail safety; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10549-01-1 A. 7208 2 1 6. illumination; and 2 7. any additional related safety matters. 3 S 3. Section 405 of the transportation law, as added by chapter 209 of 4 the laws of 2007, subdivision 1 as amended by chapter 29 of the laws of 5 2008, is amended to read as follows: 6 S 405. New York city transit authority track AND SURFACE OMNIBUS safe- 7 ty task force membership. 1. The New York city transit authority track 8 AND SURFACE OMNIBUS safety task force shall consist of a total of four 9 members as follows: 10 (a) the commissioner or his or her designee; 11 (b) the commissioner of labor or his or her designee; 12 (c) the president of New York city transit authority or his or her 13 designee; and 14 (d) the president of Transport Workers Union, Local 100, an affiliate 15 of the New York state AFL-CIO, or his or her designee. 16 2. The commissioner or his or her designee shall be the chair of the 17 track AND SURFACE OMNIBUS safety task force. 18 3. The track safety task force shall meet as often as deemed necessary 19 by the chair but in no event less than four times per year. Any member 20 may call a meeting on not less than ten days written notice to the other 21 members. 22 4. The members of the track AND SURFACE OMNIBUS safety task force 23 shall receive no salary or other compensation for their services but 24 shall be entitled to reimbursement for actual and necessary expenses 25 incurred in the performance of their duties. 26 S 4. Section 408 of article 16 of the transportation law is renumbered 27 section 410 and two new sections 408 and 409 are added to read as 28 follows: 29 S 408. SURFACE OMNIBUS SAFETY PROGRAM. 1. BY MAY FIRST, TWO THOUSAND 30 TWELVE, THE NEW YORK CITY TRANSIT AUTHORITY TRACK AND SURFACE OMNIBUS 31 SAFETY TASK FORCE SHALL ISSUE ONE OR MORE REPORTS SETTING FORTH THE 32 RECOMMENDATIONS OF ITS MEMBERS WITH RESPECT TO THE IMPLEMENTING FOR THE 33 NEW YORK CITY TRANSIT AUTHORITY SURFACE OMNIBUS SAFETY PROGRAM. SUCH 34 REPORTS SHALL BE SENT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE 35 SENATE AND THE SPEAKER OF THE ASSEMBLY. 36 2. SUCH TRACK AND SURFACE OMNIBUS SAFETY TASK FORCE SHALL ALSO PROVIDE 37 TO THE PUBLIC EMPLOYEE SAFETY AND HEALTH BUREAU WITHIN THE DEPARTMENT OF 38 LABOR AND TO ALL LABOR ORGANIZATIONS THAT REPRESENT NEW YORK CITY TRANS- 39 IT AUTHORITY EMPLOYEES ENGAGED IN WORK OPERATING AND MAINTAINING SURFACE 40 OMNIBUS VEHICLES A COPY OF ITS REPORTS. 41 3. SUCH TRACK AND SURFACE OMNIBUS SAFETY TASK FORCE SHALL SET FORTH 42 PROCEDURES TO INSURE THAT PRIOR TO THE DAILY DEPLOYMENT OF ANY OMNIBUS 43 VEHICLE TO PROVIDE MASS TRANSIT SERVICES TO THE PUBLIC A COMPREHENSIVE 44 INSPECTION OF MECHANICAL SYSTEMS, GLASS, DOORS, TIRES AND LIFTS FOR 45 HANDICAPPED PASSENGERS FOR SUCH VEHICLE IS COMPLETED IN ACCORDANCE WITH 46 THE RULES AND REGULATIONS OF THE COMMISSIONER, AND THAT ANY AND ALL 47 DEFECTS DETECTED ARE PROPERLY PREPARED PRIOR TO PLACING SUCH VEHICLE IN 48 SERVICE, AND ANY OTHER SAFETY PROCEDURES ITS MEMBERS DEEM NECESSARY AND 49 PRUDENT TO PROTECT EMPLOYEES OF THE NEW YORK CITY TRANSIT AUTHORITY AND 50 THE PUBLIC-AT-LARGE. NOTWITHSTANDING ANY LAW, RULE OR CONTRACT PROVISION 51 TO THE CONTRARY, NO EMPLOYEE, AGENT OR OTHER PERSON ACTING ON BEHALF OF 52 THE NEW YORK CITY TRANSIT AUTHORITY IS AUTHORIZED TO KNOWINGLY OPERATE 53 OR KNOWINGLY OR RECKLESSLY COMPEL ANOTHER TO OPERATE AN OMNIBUS VEHICLE 54 THAT HAS AN UNCORRECTED DEFICIENCY NOTED IN THE INSPECTION. THE TASK 55 FORCE SHALL DOCUMENT IN ITS REPORTS THE NUMBER OF INSTANCES WHEN OMNIBUS 56 VEHICLES ARE PLACED INTO SERVICE DESPITE HAVING UNCORRECTED DEFICIEN- A. 7208 3 1 CIES, AND THE ADVERSE PERSONNEL ACTION UNDERTAKEN, IF ANY, BY THE NEW 2 YORK CITY TRANSIT AUTHORITY AS A RESULT OF SUCH IMPROPER DEPLOYMENTS 3 INTO SERVICE. 4 S 409. WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM. 1. "WHISTLEBLOW- 5 ER", AS USED IN THIS ARTICLE, SHALL MEAN ANY EMPLOYEE OF THE NEW YORK 6 CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARIES, WHO DISCLOSES A MATE- 7 RIAL BREACH OF ANY SAFETY PROCEDURE REQUIRED BY LAW, RULE OR REGULATION 8 OF THE COMMISSIONER OR IN CONTRACT PROVISIONS, WHETHER OR NOT THE BREACH 9 OF WHICH CAUSES OR COULD REASONABLE CAUSE INJURY TO AN EMPLOYEE OF SUCH 10 TRANSIT AUTHORITY OR THE PUBLIC-AT-LARGE, TO THE METROPOLITAN TRANSPOR- 11 TATION AUTHORITY INSPECTOR GENERAL. THE SCOPE OF THE PROTECTIONS UNDER 12 THIS SECTION AND IN SECTION ONE THOUSAND TWO HUNDRED SEVENTY-NINE OF THE 13 PUBLIC AUTHORITIES LAW, WILL ALSO APPLY TO ANY INFORMATION RENDERED BY 14 AN EMPLOYEE IF THE NEW YORK CITY TRANSIT AUTHORITY REGARDING THE UNAU- 15 THORIZED DIRECTION BY ANOTHER EMPLOYEE, AGENT OR PERSON AFFILIATED WITH 16 THE NEW YORK CITY TRANSIT AUTHORITY TO IGNORE OR OTHERWISE DISREGARD 17 SUCH SAFETY PROCEDURES. 18 2. ANY COMMUNICATIONS BETWEEN AN EMPLOYEE AND THE METROPOLITAN TRANS- 19 PORTATION AUTHORITY INSPECTOR GENERAL PURSUANT TO THIS SECTION SHALL BE 20 HELD STRICTLY CONFIDENTIAL BY THE INSPECTOR GENERAL, UNLESS THE EMPLOYEE 21 SPECIFICALLY WAIVES IN WRITING THE RIGHT TO CONFIDENTIALITY, EXCEPT THAT 22 SUCH CONFIDENTIALITY SHALL NOT EXEMPT THE INSPECTOR GENERAL FROM 23 DISCLOSING SUCH INFORMATION, WHERE APPROPRIATE, TO THE STATE INSPECTOR 24 GENERAL IN ACCORDANCE WITH SECTION FIFTY-FIVE OF THE EXECUTIVE LAW, OR 25 PREVENT DISCLOSURE TO ANY LAW ENFORCEMENT AUTHORITY. 26 S 5. This act shall take effect immediately.