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S4899Senate2009-2010 SessionSame asA2855

Applies laws of comparative negligence and assumption of risk to employees et al. injured in the use of scaffolding and other devices in certain cases outside N.Y. city

Sponsor Darrel J. AubertineSD-48Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Darrel J. Aubertine

Senator · Senate District 48

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

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

Purpose of bill

To establish a comparative negligence standard for claims under Labor Law Sections 240 and 241 with respect to a recalcitrant worker for occurrences outside of the City of New York.

Summary of provisions

Section one of the bill amends the Civil Practice Law and Rules to a new Section 1414. Subdivision one applies to a comparative negligence standard as provided for in CPLR 1411 with respect to actions for personal injury, property damage or wrongful death arising under Labor Law Sections 240 and 241 to the extent the conduct relates to the following: a criminal act, the use of drugs or alcohol, failure of the employee to use safety devices furnished at the job site, failure to comply with safe work practices in accord with safety training program provided by the employer if such failure, act or impairment is a proximate cause of an injury to such person.

Read the full memo (636 words)

Subdivision two provides that nothing contained in this section shall be deemed to impose or create liability under such sections of the Labor Law where a person employed or otherwise entitled to the protection of the provisions of such sections has failed to follow safety instructions 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 the sole proximate cause of an injury to such a person.

Subdivision three provides that this section shall not apply to any actions or proceedings wherein personal injury, injury to property or wrongful death have occurred or arisen out of an occurrence, within a city having a population of one million or more.

Section two of the bill provides for the effective date.

Justification

The construction industry is currently facing a liability insurance crisis. Contractors are receiving insurance cancellation notices and being forced to seek coverage from non-admitted carriers with exclusions from coverages at exorbitant rate increases. Many contractors are concerned that existing coverage, no matter how limited, will evaporate from the market. This insurance coverage crisis is especially difficult for smaller contractors. Many insurance carriers who have withdrawn from the market are citing the costs associated with absolute liability pursuant to Labor Law Sections 240 and 241.

While employers have provided the training and safety devices to give workers a safe place to work, some courts in New York have failed to recognize these efforts, refusing even to allow introduction of evidence of the safety training and equipment provided to employees in a 240 case. Abuse of the provisions of Section 240 have led to skyrocketing insurance rates and reductions in available coverage, and threaten the viability of construction contractors and subcontractors, who cannot afford to pay exorbitant insurance rates for 240 coverage.

This bill would make a worker responsible in limited situations for his or her own injury including failure to follow provided safety training or a specific failure to use supplied safety equipment. This bill protects worker safety while establishing a fair playing field for a builder facing a liability lawsuit.

This legislation is limited to occurrences outside the City of New York as the less populated suburban and upstate areas to which this act would apply generally have less congested construction sites and smaller scale construction projects.

Legislative history

New bill.

Fiscal implications

None.

Effective date

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

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.