NY State Senate Bill 2017-S2795

Senate Bill S2795

2017-2018 Legislative Session

Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jan 17, 2017	referred to judiciary

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2017-S2795 (ACTIVE) - Details

See Assembly Version of this Bill:: A2148
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §1414, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4037, A1895
2011-2012: S6816, A2835
2013-2014: S111, A3104
2015-2016: S543, A3209
2019-2020: S707
2021-2022: S1703

2017-S2795 (ACTIVE) - Summary

Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees.

2017-S2795 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2795

 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.

2017-S2795 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2795
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             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 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:
   § 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
 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  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.
   §  2.  This  act  shall take effect immediately and shall apply to all
 causes of actions accruing on or after such date.

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