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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.
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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
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