BILL NO A02596
SAME AS No same as
SPONSOR Brennan (MS)
COSPNSR Colton, Hooper
MLTSPNSR Abbate, Cook, Glick, Gottfried, Ortiz
Amd S1276, Pub Auth L
Protects metropolitan transportation authority employees and representatives of
deceased MTA employees by granting them a statutory cause of action for
negligent or reckless violation of a safety standard intended to protect
employees; with respect to any recovery, there shall be offset against such
recovery any amounts paid pursuant to the workers' compensation law and
collective bargaining agreements.
BILL NUMBER:A2596
TITLE OF BILL: An act to amend the public authorities law, in
relation to protecting metropolitan transportation authority employees
from its possible negligence
PURPOSE OR GENERAL IDEA OF BILL: In order to protect the metropolitan
transit authority employees from preventable safety and security
violations.
SUMMARY OF SPECIFIC PROVISIONS: To protect the metropolitan transit
authority employees from injury due to violations of safety
regulations, this bill places liability upon the authority for
injuries or death caused by negligence on the part of the MTA.
EFFECTS OF PRESENT LAW THIS BILL WOULD ALTER: This bill calls for a
new subdivision 5 to be added to section 1276 of the public
authorities law.
JUSTIFICATION: There have recently been numerous trackmen and others
who have been injured or killed due to violations of safety
regulations within the MTA. OSHA standards attempt to regulate these
safety regulations. However, many times these standards are not
adhered to. Locks are often not placed on track switch levers, "no
clearance" signs are often not posted when needed, and in many
instances the trackmen are not notified of a track being used by a
train in both directions. This bill attempts to protect these
vulnerable trackmen from such negligence as well as other employees
who are harassed by the public and given inadequate security.
PRIOR LEGISLATIVE HISTORY: A. 3876 - 1994 - Reported to Ways and
Means. A.4039 of 1995-96 - In Corporations. A.4764 of 1997-98 - In
Corporations. A.4180 - 1999-2000 - In Corporations. A.2177 - 2001-02
- In Corporations. A.3366 - 2003-04 - In Corporations. A.1532 -
2005-06 - In Corporations. A2231 of 2007-08; A4706 of 2009-10; A3314
of 2011-12; A5383 of 2013-14 - referred to Corporations.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None
EFFECTIVE DATE: Immediately
S T A T E O F N E W Y O R K
________________________________________________________________________
2596
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. BRENNAN, COLTON, HOOPER -- Multi-Sponsored by --
M. of A. ABBATE, COOK, GLICK, GOTTFRIED, HEASTIE, ORTIZ -- read once
and referred to the Committee on Corporations, Authorities and Commis-
sions
AN ACT to amend the public authorities law, in relation to protecting
metropolitan transportation authority employees from its possible
negligence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. This legislative body recognizes that
2 metropolitan transportation authority workers face dangerous and some-
3 times fatal circumstances daily due to the nature of their work. This
4 body also recognizes that given the dangerous nature of the occupation,
5 there is a need for competent supervision and precise up-to-date infor-
6 mation on the possible dangerous conditions facing the employees on
7 their assignment. In order to ensure proper supervision, there must be
8 an avenue of redress for employees or their representatives to use when
9 they are not being given appropriate and adequate supervision or are
10 subject to conditions where safety markers or designations mandated by
11 law or regulation are not present. Therefore, it is the intent of this
12 legislative body to protect these metropolitan transportation authority
13 employees from such negligence by enacting the following legislation.
14 S 2. Subdivisions 5 and 6 of section 1276 of the public authorities
15 law are renumbered subdivisions 6 and 7 and a new subdivision 5 is added
16 to read as follows:
17 5. (A) IN ADDITION TO ANY OTHER RIGHT OF ACTION OR RECOVERY UNDER ANY
18 OTHER PROVISION OF LAW, IN THE EVENT ANY ACCIDENT CAUSING INJURY, DEATH
19 OR DISEASE WHICH RESULTS IN DEATH OCCURS DIRECTLY OR INDIRECTLY AS A
20 RESULT OF ANY NEGLECT, OMISSION, WILLFUL OR CULPABLE NEGLIGENCE OF ANY
21 PERSON OR PERSONS EMPLOYED BY THE METROPOLITAN TRANSPORTATION AUTHORITY
22 IN PERMITTING TO BE VIOLATED, OR FAILING TO COMPLY WITH, ANY SAFETY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01807-01-5
A. 2596 2
1 STANDARDS AUTHORIZED PURSUANT TO ANY LAW, RULE OR REGULATION OF ANY
2 FEDERAL OR STATE AGENCY CONCERNED WITH OCCUPATIONAL SAFETY AND HEALTH,
3 THE PERSON OR PERSONS GUILTY OF SAID NEGLECT, OMISSION, WILLFUL OR
4 CULPABLE NEGLIGENCE AT THE TIME OF SUCH INJURY OR DEATH SHALL BE LIABLE
5 TO PAY ANY EMPLOYEE SO INJURED, OR WHOSE LIFE MAY BE LOST WHILE IN THE
6 DISCHARGE OF ANY DUTY IMPOSED BY THE METROPOLITAN TRANSPORTATION AUTHOR-
7 ITY, ITS OFFICERS AND EMPLOYEES, OR TO PAY TO THE SPOUSE AND CHILDREN,
8 OR TO PAY THE PARENTS, OR TO PAY THE BROTHERS AND SISTERS, BEING THE
9 SURVIVING HEIRS-AT-LAW OF ANY DECEASED PERSON THUS HAVING LOST HIS OR
10 HER LIFE, A SUM OF MONEY, IN CASE OF INJURY TO PERSON, NOT LESS THAN ONE
11 THOUSAND DOLLARS AND, IN THE CASE OF DEATH, NOT LESS THAN FIVE THOUSAND
12 DOLLARS, SUCH LIABILITY TO BE DETERMINED AND SUCH SUMS RECOVERED IN AN
13 ACTION TO BE INSTITUTED BY ANY PERSON INJURED OR THE FAMILY OR RELATIVES
14 OF ANY PERSON KILLED AS AFORESAID PROVIDED, HOWEVER, THAT NOTHING IN
15 THIS SECTION SHALL BE DEEMED TO EXPAND OR RESTRICT ANY RIGHT AFFORDED TO
16 OR LIMITATION IMPOSED UPON AN EMPLOYER, AN EMPLOYEE OR HIS OR HER REPRE-
17 SENTATIVE BY VIRTUE OF ANY PROVISIONS OF THE WORKERS' COMPENSATION LAW.
18 (B) WITH RESPECT TO ANY RECOVERY, THERE SHALL BE OFFSET AGAINST SUCH
19 RECOVERY ANY AMOUNTS PAID PURSUANT TO THE WORKERS' COMPENSATION LAW AND
20 COLLECTIVE BARGAINING AGREEMENTS.
21 S 3. This act shall take effect immediately.
