Defines certain independent contractors who install temporary traffic controls as employees for purposes of defense and indemnification

BILL NUMBER:S5445

Title of bill

An act to amend the public officers law, in relation to the defense and indemnification of certain independent contractors

Purpose

This legislation would require the state to defend and indemnify independent contractors and their employees when they install temporary traffic controls at accident scenes and other unplanned incidents.

Summary of provisions

Amends § 17 of the Public Officers law to require the state to defend and indemnify "an independent contractor and its employees who install temporary traffic controls while acting pursuant to a direct order by a police officer or other public official that is in charge of the incident, in response to an accident, hazardous material spill or other unplanned incident."

Justification

The securing of an accident scene has always been a function of state government. However, this duty is now being delegated to towers who respond to accident scenes. For example, the towing contract on 1-84 now requires towers to respond to an accident scene with a fully stocked TIM (traffic Incident Management) truck that contains, among other things, 60 reflector cones.

The securing of an accident scene is one of the most litigation prone facets of a TIM scene because there are exacting standards that must be applied in doing so. If the State is going to pass this duty off to the private sector, it is imperative that it provide the independent contractors who perform this duty with the same protections afforded to state employees under Section 17 of the Public Officers Law.

Legislative history

S.4273-A of 2011/12: Senate Finance Committee

Fiscal implications

None.

Effective date

This act shall take effect immediately.