Provides benefits to Metro-North employees involved in or who witness a serious injury or fatality of another person in the course of an assigned duty.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7105
SPONSOR: Otis TITLE OF BILL:
An act to amend the public authorities law, in relation to providing
benefits to Metro-North employees involved in or who witness a serious
injury or fatality of another person in the course of an assigned duty
PURPOSE OR GENERAL IDEA OF BILL:
This legislation provides benefits to Metro-North employees involved in
or who witness a serious injury or fatality of another person in the
course of an assigned duty.
SUMMARY OF PROVISIONS:
Section 1 amends the public authorities law by adding section 1266-n by
requiring that Metro-North Commuter Railroad Company provides mandatory
benefits to any employee who witnesses or is otherwise involved in a
serious injury or fatality of another person through the course of his
or her assigned duty. Such benefits shall include, but are not limited
to, seven consecutive working days paid leave, mental health services,
including counseling, and if recommended by their health care provider.
Additionally, a mandatory mental health examination conducted by the
employee's health care provider before being approved to return to work,
with up to four additional weeks of paid leave, if recommended by his or
her health care provider. Such employees shall be compensated by Metro-
North at an amount not less than the employee would have earned on the
assignment they would have worked until such employee has used their
full allotment of mandated time off pursuant to this section.
Section 2 provides the effective date
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
n/a
JUSTIFICATION:
Unfortunately, through either accidents or suicides, Metro-North engi-
neers and conductors are frequently involved in fatal collisions
throughout the course of their careers. It is important that these work-
ers have the appropriate time to process these intensely traumatic inci-
dents- both for their own personal mental health and as a safety measure
to ensure that they are emotionally equipped to return to operating
trains.
For years, Metro-North had a policy of granting three paid days off for
engineers and conductors who were involved in the fatality. However,
this policy was abruptly changed over a weekend in early 2020.
No notice of this change was provided to Metro-North workers or to their
union representatives until an engineer was inevitably involved in a
fatality. Under the new policy, the engineer in question was told that
since his scheduled days off ("rest days") fell within the immediate
three day period, Metro-North was not required to pay him for those
days, nor were they obligated to provide additional time off after his
rest days.
The Association of Commuter Rail Employees ("ACRE") aggressively chal-
lenged this change, culminating in a meeting with Metro-North's Presi-
dent and Senior Vice President of Operations wherein the policy was
ultimately reverted back. During the meeting, however, the Senior VP
questioned why Metro-North should provide bonus days to a worker that
hits a trespasser. Given Metro-North's inconsiderate and inappropriate
attitude in addressing these fatalities, combined with their recent
history of unilaterally changing the policy- a statutory mandate is
necessary.
This bill ensures that Metro-North engineers and conductors will be
provided a fundamental safety net when they are involved in, or witness
firsthand, a traumatic fatality on the job. In doing so, this bill will
further reduce the safety risk posed by having an employee who was just
involved with a critical incident return to work and perform safety-sen-
sitive functions.
PRIOR LEGISLATIVE HISTORY:
2023-24: A6408/S2703 (Otis/HARCKHAM) -referred to corporations, authori-
ties and commissions/REFERRED TO TRANSPORTATION
2021-2022: 56490 - Died in Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7105
2025-2026 Regular Sessions
IN ASSEMBLY
March 20, 2025
___________
Introduced by M. of A. OTIS, SEPTIMO, SHIMSKY -- read once and referred
to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to providing
benefits to Metro-North employees involved in or who witness a serious
injury or fatality of another person in the course of an assigned duty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public authorities law is amended by adding a new
2 section 1266-n to read as follows:
3 § 1266-n. Benefits for employees involved in or who witness serious
4 injuries or fatalities of another person in the course of an assigned
5 duty. 1. For any employee of the Metro-North Commuter Railroad Company
6 who witnesses or is otherwise involved in a serious injury or fatality
7 of another person through the course of such employee's assigned duty,
8 Metro-North shall provide mandatory benefits, including but not limited
9 to:
10 (a) seven consecutive working days of paid leave, beginning the imme-
11 diate subsequent day the employee is scheduled to work, excluding the
12 employee's regularly scheduled days off;
13 (b) mental health services, including counseling, at the option of the
14 employee; and
15 (c) a mandatory mental health examination conducted by the employee's
16 health care provider before being approved to return to work, with up to
17 four additional weeks of paid leave, if recommended by their health care
18 provider.
19 2. Such employee shall be compensated by Metro-North at an amount not
20 less than the employee would have earned on the assignment they would
21 have worked until such employee has used their full allotment of
22 mandated time off pursuant to this section.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07165-01-5
