What's happening
This bill makes worker negligence, failure to use safety equipment, or impairment a factor in reducing damages for scaffold-related injuries outside New York City.
Why it matters
Shifts liability calculus for worker injuries. By allowing a worker’s own negligence, failure to use available safety equipment, or being impaired by drugs/alcohol to reduce damages, the bill incentivizes both workers and employers to follow and enforce safety protocols more strictly.
Could lower insurance and litigation costs for employers. With damages potentially reduced in cases where worker conduct contributed to an accident, contractors and property owners outside NYC may face fewer full-payout liability judgments, potentially impacting insurance premiums and settlement strategies.
Alters incentives for workplace safety training. The bill specifically ties damage reduction to whether workers received proper safety training (e.g., OSHA-certified courses), pressing employers to document and provide thorough safety education to benefit from the law’s protections.
Excludes cases of sole worker fault from recovery. If the worker’s negligence or impairment is the sole cause of the injury, the bill bars recovery entirely, making it crucial for workers to adhere to safety measures or risk losing compensation for scaffold-related injuries outside NYC.
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Who cares
Headline styles
Limit Scaffold Injury Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5678
2017-2018 Regular Sessions
IN SENATE
April 25, 2017
Introduced by Sen. GALLIVAN -- 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. Section 1413 of the civil practice law and rules is renumbered section 1414 and a new section 1413 is added to read as follows:
§ 1413. Applicability to certain actions. 1. In any action or proceeding outside of the city of New York and the counties contained therein, 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 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 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.
LBD11197-01-7
S. 5678 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
Establishes a comparative negligence standard for claims, outside the City of New York, under Labor Law sections 240,241 or 241-a with respect to a recalcitrant worker.
Summary of provisions
Amends the Civil Practice Law and Rules to add a new Section 1413. 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, 241 or 241-a 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 the aforementioned provisions of the Labor Law.
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
New bill
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.