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A02596 Summary:

COSPNSRColton, Hooper
MLTSPNSRAbbate, 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.
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A02596 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Brennan (MS)
  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 regu- lations. 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 inade- quate 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
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