Senate Bill S5032

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5032

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

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:

  Section  1. Section 403 of the transportation law, as added by chapter
209 of the laws of 2007, is amended to read as follows:
  S 403. Definitions. For the purposes of this article:
  1. "New York city transit authority" shall be deemed  to  include  its
subsidiary, the Manhattan and Bronx Surface Transit Operating Authority,
and  any  other  agency  that may come under the control of the New York
city transit authority.
  2. "New York city transit authority's  on-track  AND  SURFACE  OMNIBUS
safety  program"  shall  mean  the  program as described in section four
hundred six AND SECTION FOUR HUNDRED EIGHT of this article.
  S 2. Section 404 of the transportation law, as added by chapter 209 of
the laws of 2007, is amended to read as follows:
  S 404. Establishment of the New York city transit authority track  AND
SURFACE  OMNIBUS  safety task force. There is hereby established the New
York city transit track AND  SURFACE  OMNIBUS  safety  task  force  with
responsibility  for  the review of the New York city transit authority's
on-track AND SURFACE OMNIBUS safety program, including the following:
  1. training and qualifications of affected employees;
  2. appropriate procedures for protecting New York city transit author-
ity employees engaged in work along the track right-of-way,  AND  OPERA-
TORS  OF  SURFACE OMNIBUS VEHICLES including good faith challenge proce-
dures;
  3. instructions to train AND SURFACE OMNIBUS operators;
  4. relevant New York city transit authority rules;
  5. third rail safety;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10549-01-1
              

S. 5032                             2

  6. illumination; and
  7. any additional related safety matters.
  S 3. Section 405 of the transportation law, as added by chapter 209 of
the  laws of 2007, subdivision 1 as amended by chapter 29 of the laws of
2008, is amended to read as follows:
  S 405. New York city transit authority track AND SURFACE OMNIBUS safe-
ty task force membership. 1. The New York city transit  authority  track
AND  SURFACE  OMNIBUS safety task force shall consist of a total of four
members as follows:
  (a) the commissioner or his or her designee;
  (b) the commissioner of labor or his or her designee;
  (c) the president of New York city transit authority  or  his  or  her
designee; and
  (d)  the president of Transport Workers Union, Local 100, an affiliate
of the New York state AFL-CIO, or his or her designee.
  2. The commissioner or his or her designee shall be the chair  of  the
track AND SURFACE OMNIBUS safety task force.
  3. The track safety task force shall meet as often as deemed necessary
by  the  chair but in no event less than four times per year. Any member
may call a meeting on not less than ten days written notice to the other
members.
  4. The members of the track AND  SURFACE  OMNIBUS  safety  task  force
shall  receive  no  salary  or other compensation for their services but
shall be entitled to reimbursement for  actual  and  necessary  expenses
incurred in the performance of their duties.
  S 4. Section 408 of article 16 of the transportation law is renumbered
section  410  and  two  new  sections  408  and 409 are added to read as
follows:
  S 408. SURFACE OMNIBUS SAFETY PROGRAM. 1. BY MAY FIRST,  TWO  THOUSAND
TWELVE,  THE  NEW  YORK CITY TRANSIT AUTHORITY TRACK AND SURFACE OMNIBUS
SAFETY TASK FORCE SHALL ISSUE ONE OR  MORE  REPORTS  SETTING  FORTH  THE
RECOMMENDATIONS  OF ITS MEMBERS WITH RESPECT TO THE IMPLEMENTING FOR THE
NEW YORK CITY TRANSIT AUTHORITY SURFACE OMNIBUS SAFETY  PROGRAM.    SUCH
REPORTS  SHALL  BE  SENT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY.
  2. SUCH TRACK AND SURFACE OMNIBUS SAFETY TASK FORCE SHALL ALSO PROVIDE
TO THE PUBLIC EMPLOYEE SAFETY AND HEALTH BUREAU WITHIN THE DEPARTMENT OF
LABOR AND TO ALL LABOR ORGANIZATIONS THAT REPRESENT NEW YORK CITY TRANS-
IT AUTHORITY EMPLOYEES ENGAGED IN WORK OPERATING AND MAINTAINING SURFACE
OMNIBUS VEHICLES A COPY OF ITS REPORTS.
  3. SUCH TRACK AND SURFACE OMNIBUS SAFETY TASK FORCE  SHALL  SET  FORTH
PROCEDURES  TO  INSURE THAT PRIOR TO THE DAILY DEPLOYMENT OF ANY OMNIBUS
VEHICLE TO PROVIDE MASS TRANSIT SERVICES TO THE PUBLIC  A  COMPREHENSIVE
INSPECTION  OF  MECHANICAL  SYSTEMS,  GLASS,  DOORS, TIRES AND LIFTS FOR
HANDICAPPED PASSENGERS FOR SUCH VEHICLE IS COMPLETED IN ACCORDANCE  WITH
THE  RULES  AND  REGULATIONS  OF  THE COMMISSIONER, AND THAT ANY AND ALL
DEFECTS DETECTED ARE PROPERLY PREPARED PRIOR TO PLACING SUCH VEHICLE  IN
SERVICE,  AND ANY OTHER SAFETY PROCEDURES ITS MEMBERS DEEM NECESSARY AND
PRUDENT TO PROTECT EMPLOYEES OF THE NEW YORK CITY TRANSIT AUTHORITY  AND
THE PUBLIC-AT-LARGE. NOTWITHSTANDING ANY LAW, RULE OR CONTRACT PROVISION
TO  THE CONTRARY, NO EMPLOYEE, AGENT OR OTHER PERSON ACTING ON BEHALF OF
THE NEW YORK CITY TRANSIT AUTHORITY IS AUTHORIZED TO  KNOWINGLY  OPERATE
OR  KNOWINGLY OR RECKLESSLY COMPEL ANOTHER TO OPERATE AN OMNIBUS VEHICLE
THAT HAS AN UNCORRECTED DEFICIENCY NOTED IN  THE  INSPECTION.  THE  TASK
FORCE SHALL DOCUMENT IN ITS REPORTS THE NUMBER OF INSTANCES WHEN OMNIBUS
VEHICLES  ARE  PLACED  INTO SERVICE DESPITE HAVING UNCORRECTED DEFICIEN-

S. 5032                             3

CIES, AND THE ADVERSE PERSONNEL ACTION UNDERTAKEN, IF ANY,  BY  THE  NEW
YORK  CITY  TRANSIT  AUTHORITY  AS A RESULT OF SUCH IMPROPER DEPLOYMENTS
INTO SERVICE.
  S  409.  WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM. 1. "WHISTLEBLOW-
ER", AS USED IN THIS ARTICLE, SHALL MEAN ANY EMPLOYEE OF  THE  NEW  YORK
CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARIES, WHO DISCLOSES A MATE-
RIAL  BREACH OF ANY SAFETY PROCEDURE REQUIRED BY LAW, RULE OR REGULATION
OF THE COMMISSIONER OR IN CONTRACT PROVISIONS, WHETHER OR NOT THE BREACH
OF WHICH CAUSES OR COULD REASONABLE CAUSE INJURY TO AN EMPLOYEE OF  SUCH
TRANSIT  AUTHORITY OR THE PUBLIC-AT-LARGE, TO THE METROPOLITAN TRANSPOR-
TATION AUTHORITY INSPECTOR GENERAL. THE SCOPE OF THE  PROTECTIONS  UNDER
THIS SECTION AND IN SECTION ONE THOUSAND TWO HUNDRED SEVENTY-NINE OF THE
PUBLIC  AUTHORITIES  LAW, WILL ALSO APPLY TO ANY INFORMATION RENDERED BY
AN EMPLOYEE IF THE NEW YORK CITY TRANSIT AUTHORITY REGARDING  THE  UNAU-
THORIZED  DIRECTION BY ANOTHER EMPLOYEE, AGENT OR PERSON AFFILIATED WITH
THE NEW YORK CITY TRANSIT AUTHORITY TO  IGNORE  OR  OTHERWISE  DISREGARD
SUCH SAFETY PROCEDURES.
  2.  ANY COMMUNICATIONS BETWEEN AN EMPLOYEE AND THE METROPOLITAN TRANS-
PORTATION AUTHORITY INSPECTOR GENERAL PURSUANT TO THIS SECTION SHALL  BE
HELD STRICTLY CONFIDENTIAL BY THE INSPECTOR GENERAL, UNLESS THE EMPLOYEE
SPECIFICALLY WAIVES IN WRITING THE RIGHT TO CONFIDENTIALITY, EXCEPT THAT
SUCH  CONFIDENTIALITY  SHALL  NOT  EXEMPT  THE  INSPECTOR  GENERAL  FROM
DISCLOSING SUCH INFORMATION, WHERE APPROPRIATE, TO THE  STATE  INSPECTOR
GENERAL  IN  ACCORDANCE WITH SECTION FIFTY-FIVE OF THE EXECUTIVE LAW, OR
PREVENT DISCLOSURE TO ANY LAW ENFORCEMENT AUTHORITY.
  S 5. This act shall take effect immediately.