A02596 Summary:

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.
Go to top

A02596 Actions:

BILL NO    A02596 

01/20/2015 referred to corporations, authorities and commissions
Go to top

A02596 Votes:

There are no votes for this bill in this legislative session.
Go to top

A02596 Memo:

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
Go to top

A02596 Text:

                           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.
Go to top
Page display time = 0.0777 sec