What's happening
This bill allows courts to consider a worker's failure to use safety equipment or follow training when awarding damages for scaffold-related injuries.
Why it matters
Limits on Damages for Worker Negligence. The bill would allow courts to reduce the amount of damages awarded to injured workers if their own actions—like not using provided safety equipment, ignoring safety training, being impaired by drugs/alcohol, or committing a crime—contributed to their injury. This shifts part of the responsibility for workplace safety compliance to workers, not just employers and owners.
Potential Impact on Worker Protections. By factoring in a worker’s own behavior, this legislation could make it harder for injured workers to recover full compensation under New York’s traditionally strict “scaffold law,” which currently holds owners and contractors almost entirely liable for gravity-related injuries.
Encourages Employer Training and Documentation. The bill specifically references safety training programs (like OSHA courses), which may encourage employers to provide and document such training more consistently. This could affect both safety practices and litigation strategies, as proof of training and equipment provision becomes central to court cases.
Legal Clarity on Sole Fault. If a worker’s failure to use safety equipment or follow training is the *sole* cause of the injury, the bill clarifies that employers or owners would not be liable under the relevant labor law sections—potentially reducing lawsuits in cases of clear worker negligence.
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Who cares
Headline styles
Change Scaffolding Injury Laws
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Scaffold Injury Lawsuits
In Assembly Committee · Judiciary · Sponsor Joseph Morelle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2795
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sens. GALLIVAN, AKSHAR, AMEDORE, CROCI, LARKIN, MARCHIONE, SERINO, SEWARD, YOUNG -- 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 Assembly, do enact as follows:
Section 1. The civil practice law and rules is amended by adding a new section 1414 to read as follows:
§ 1414. Applicability to certain actions. 1. In any action or proceeding to recover damages for personal injury, injury to property, or wrongful death pursuant to section two hundred forty, subdivisions one through five of section two hundred forty-one, or section two hundred forty-one-a of the labor law, where safety equipment or devices have been made available, and a person employed or otherwise entitled to the protection of the provisions of such section has failed to follow safety instruction 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 a proximate cause of an injury to such person, the conduct attributable to such person shall not bar recovery, but the amount of damages otherwise recoverable shall be determined in accordance with section fourteen hundred eleven of this article to the extent that such conduct relates to the commission of a criminal act, impairment caused by the use of drugs or alcohol, the failure to use safety equipment or devices, the failure to comply with instructions or training regarding the use of safety equipment or devices or the failure to otherwise comply with safe work practices in accordance with safety training programs provided to such person. Such 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.
LBD00287-01-7
S. 2795 2
construction safety and health certified by the United States Occupational Safety and Health Administration or the department of labor.
2. Nothing contained in this section shall be deemed to impose or create liability under such sections of the labor law referred to in subdivision one of this section, 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 person.
§ 2. This act shall take effect immediately and shall apply to all causes of actions accruing on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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
To establish a comparative negligence standard for claims under Labor Law sections 240 and 241 with respect to a recalcitrant worker.
Summary of provisions
Amends the Civil Practice Law and Rules to add a new Section 1414. This section applies 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, use of drugs or alcohol, failure of the employee to use safety devices furnished at the job site, failure to comply with employer instructions regarding the use of safety devices at the job site, or failure of the employee to comply with safe work practices in accord with safety training programs provided by the employer.
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 also 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 the so called safe place to work law provided for in Labor Law Sections 240 and 241.
This legislation attempts to take a limited approach to this problem by applying comparative negligence standards to a recalcitrant worker. This approach falls significantly short of repeal but attempts to contain the costs of absolute liability in a fair manner by making an employee who directly contributes to his injury liable for the portion of fault assessed by a jury for his own conduct. This comparative negligence standard is only applied in limited circumstances such as commission of a criminal act, use of drugs or alcohol, failure to use safety devices at the job site, failure to comply with employer instructions regarding the use of safety devices at the job site or failure of the employee to comply with safe work practices in accord with a safety program provided by the employer. The latter provision encourages employers to afford training certified by OSHA or the State Labor Department to its employees.
This bill does not take away the right of any injured worker to sue. Rather it makes a recalcitrant worker responsible for his own conduct. This approach encourages workplace safety by encouraging workers to take responsibility for their own safety. There are conflicting court cases that apply the doctrine of recalcitrant worker and this bill would clarify worker responsibility. This bill would establish a uniform standard for the application of the recalcitrant worker doctrine. It also is a modest change in the absolute liability of the safe place to work statute that remains the only such statute in place among the other 49 states.
Legislative history
2015-16: S.543/a.3209 Referred to Judiciary 2013-14: S.111/A.3104 Referred to Judiciary 2011-12: S.6816/A 2835 Referred to Judiciary 2009-10: S.4037/A.1895 Referred to Judiciary 2007-08: S.4317/A.2528 Held for consideration in Labor
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.