S T A T E   O F   N E W   Y O R K
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                                  3104

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by  M.  of  A. MORELLE, SCHIMMINGER, V. LOPEZ, MAGEE, GALEF,
  ROBINSON, GABRYSZAK, HEVESI, ROSENTHAL, TITONE --  Multi-Sponsored  by
  --  M.  of  A. HAWLEY, JORDAN, LUPARDO, McDONOUGH, McLAUGHLIN, MILLER,
  TENNEY, WALTER -- read once and referred 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil practice law and rules is amended by adding a new
section 1414 to read as follows:
  S 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  ALCO-
HOL,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01953-01-3
              

A. 3104                             2

TRAINING PROGRAMS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, COURSES IN
CONSTRUCTION SAFETY AND HEALTH CERTIFIED BY THE  UNITED  STATES  OCCUPA-
TIONAL 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 PROXI-
MATE CAUSE OF AN INJURY TO SUCH PERSON.
  S  2.  This  act  shall take effect immediately and shall apply to all
causes of actions accruing on or after such date.