Assembly Bill A380

2023-2024 Legislative Session

Relates to employer liability for on-duty assaults of employees

download bill text pdf

Sponsored By

Current Bill Status - Stricken

  • 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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Bill Amendments

co-Sponsors

2023-A380 - Details

Law Section:
Railroad Law
Laws Affected:
Amd §1266, Pub Auth L
Versions Introduced in 2021-2022 Legislative Session:
A8070

2023-A380 - Summary

Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, shall suffer a physical and/or mental injury that is caused by a passenger, customer or member of the public while the employee is performing an assigned duty, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.

2023-A380 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    380
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M. of A. BURGOS, JOYNER -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the railroad law, in relation to providing  that  inter-
   city  rail  passenger  services  and  commuter  rail services shall be
   liable for health care costs for injuries to railroad employees caused
   by passengers, customers or members of the public
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  64  of  the  railroad  law is amended to read as
 follows:
   § 64. Injuries to employees. 1. In  all  actions  against  a  railroad
 corporation,  foreign  or  domestic,  doing  business  in this state, or
 against a receiver thereof, for personal injury to, or  death  resulting
 from  personal  injury  of  any  person, while in the employment of such
 corporation, or receiver, arising from the  negligence  of  such  corpo-
 ration or receiver or of any of its [or], his OR HER officers or employ-
 ees, every employee, or his OR HER legal representatives, shall have the
 same rights and remedies for an injury, or for death, suffered by him OR
 HER,  from the act or omission of such corporation or receiver or of its
 [or], his OR HER officers or employees, as are now allowed by law,  and,
 in  addition  to  the liability now existing by law, it shall be held in
 such actions that persons engaged in the service of any railroad  corpo-
 ration,  foreign  or  domestic,  doing business in this state, or in the
 service of a receiver thereof, who are intrusted by such corporation  or
 receiver,  with  the authority of superintendence, control or command of
 other persons in the employment of such corporation or receiver, or with
 the authority to direct or control any other employee in the performance
 of the duty of such employee, or who have, as a part of their duty,  for
 the  time  being,  physical  control  or  direction of the movement of a
 signal, switch, locomotive engine, car, train or telegraph  office,  are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00617-01-3
 A. 380                              2

co-Sponsors

2023-A380A - Details

Law Section:
Railroad Law
Laws Affected:
Amd §1266, Pub Auth L
Versions Introduced in 2021-2022 Legislative Session:
A8070

2023-A380A - Summary

Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, shall suffer a physical and/or mental injury that is caused by a passenger, customer or member of the public while the employee is performing an assigned duty, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.

2023-A380A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  380--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced by M. of A. BURGOS, JOYNER, SEPTIMO, SHIMSKY -- read once and
   referred  to  the Committee on Transportation -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  public authorities law, in relation to employer
   liability for on-duty assaults of employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1266-l of the public authorities law, as added by
 chapter 668 of the laws of 2022, is renumbered section 1266-m and a  new
 section 1266-n is added to read as follows:
   §  1266-N. EMPLOYER LIABILITY FOR ON-DUTY ASSAULTS OF EMPLOYEES. 1. IF
 ANY EMPLOYEE, ENGAGED IN THE SERVICE OF ANY COMMUTER RAIL SERVICE  OWNED
 OR  OPERATED BY THE AUTHORITY OR ITS SUBSIDIARY, SHALL SUFFER A PHYSICAL
 AND/OR MENTAL INJURY THAT IS CAUSED BY A PASSENGER, CUSTOMER  OR  MEMBER
 OF  THE PUBLIC WHILE THE EMPLOYEE IS PERFORMING AN ASSIGNED DUTY, PURSU-
 ANT TO SUBDIVISION ELEVEN OF SECTION 120.05 OF THE PENAL LAW  OR  OTHER-
 WISE,  THE  EMPLOYER  SHALL  BE  HELD  LIABLE  FOR ANY HEALTH CARE COSTS
 ATTRIBUTABLE TO SUCH INJURY AND, IN CASES WHERE IT IS DETERMINED BY  HIS
 OR  HER  HEALTH  CARE  PROVIDER  THAT SUCH INJURED EMPLOYEE IS UNABLE TO
 PERFORM HIS OR HER ASSIGNED DUTIES DUE TO  SUCH  INJURY,  SUCH  EMPLOYEE
 SHALL  BE  COMPENSATED  BY  THE  EMPLOYER AT AN AMOUNT NOT LESS THAN THE
 EMPLOYEE WOULD HAVE EARNED ON THE  ASSIGNMENT  THEY  WOULD  HAVE  WORKED
 UNTIL  SUCH TIME THAT SUCH EMPLOYEE IS DESIGNATED ABLE TO RETURN TO WORK
 BY HIS OR HER HEALTH CARE PROVIDER.
   2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
 PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
 AGREEMENT OR EMPLOYMENT CONTRACT.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00617-03-3

co-Sponsors

2023-A380B (ACTIVE) - Details

Law Section:
Railroad Law
Laws Affected:
Amd §1266, Pub Auth L
Versions Introduced in 2021-2022 Legislative Session:
A8070

2023-A380B (ACTIVE) - Summary

Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, shall suffer a physical and/or mental injury that is caused by a passenger, customer or member of the public while the employee is performing an assigned duty, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.

2023-A380B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  380--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced by M. of A. BURGOS, JOYNER, SEPTIMO, SHIMSKY -- read once and
   referred  to  the Committee on Transportation -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  again  reported  from  said  committee with amendments,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the public authorities  law,  in  relation  to  employer
   liability for on-duty assaults of employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1266-l of the public authorities law, as  added  by
 chapter  668 of the laws of 2022, is renumbered section 1266-m and a new
 section 1266-n is added to read as follows:
   § 1266-N. EMPLOYER LIABILITY FOR ON-DUTY ASSAULTS OF EMPLOYEES. 1.  IF
 ANY  EMPLOYEE, ENGAGED IN THE SERVICE OF ANY COMMUTER RAIL SERVICE OWNED
 OR OPERATED BY THE AUTHORITY OR ONE OF ITS SUBSIDIARIES, SHALL SUFFER  A
 PHYSICAL AND/OR MENTAL INJURY THAT IS CAUSED BY A PASSENGER, CUSTOMER OR
 MEMBER  OF THE PUBLIC WHILE THE EMPLOYEE IS PERFORMING AN ASSIGNED DUTY,
 PURSUANT TO SUBDIVISION ELEVEN OF SECTION 120.05 OF  THE  PENAL  LAW  OR
 OTHERWISE,  THE  EMPLOYER  SHALL  BE  LIABLE  FOR  ANY HEALTH CARE COSTS
 ATTRIBUTABLE TO SUCH INJURY AND, IN CASES WHERE IT IS DETERMINED BY  HIS
 OR  HER  HEALTH  CARE  PROVIDER  THAT SUCH INJURED EMPLOYEE IS UNABLE TO
 PERFORM HIS OR HER ASSIGNED REGULAR DUTIES  DUE  TO  SUCH  INJURY,  SUCH
 EMPLOYEE SHALL BE COMPENSATED BY THE EMPLOYER AT AN AMOUNT NOT LESS THAN
 THE  EMPLOYEE WOULD HAVE EARNED ON THE ASSIGNMENT THEY WOULD HAVE WORKED
 UNTIL SUCH TIME THAT SUCH EMPLOYEE IS DESIGNATED ABLE TO RETURN TO  WORK
 BY  HIS OR HER HEALTH CARE PROVIDER, OR IS FOUND PERMANENTLY DISABLED AS
 A RESULT OF SUCH INJURY, OR IF SUCH EMPLOYEE IS  GRANTED  AN  ACCIDENTAL
 DISABILITY RETIREMENT ALLOWANCE, A RETIREMENT FOR DISABILITY INCURRED IN
 PERFORMANCE  OF  DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABILITY PENSION
 PROVIDED BY THE PENSION FUND OF WHICH HE OR SHE IS A  MEMBER,  OR  UNTIL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00617-05-3
 A. 380--B                           2

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