STATE OF NEW YORK
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7208
2011-2012 Regular Sessions
IN ASSEMBLY
April 18, 2011
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Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the transportation law, in relation to the New York city
transit authority on-track and surface omnibus program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 403 of the transportation law, as added by chapter
2 209 of the laws of 2007, is amended to read as follows:
3 § 403. Definitions. For the purposes of this article:
4 1. "New York city transit authority" shall be deemed to include its
5 subsidiary, the Manhattan and Bronx Surface Transit Operating Authority,
6 and any other agency that may come under the control of the New York
7 city transit authority.
8 2. "New York city transit authority's on-track and surface omnibus
9 safety program" shall mean the program as described in section four
10 hundred six and section four hundred eight of this article.
11 § 2. Section 404 of the transportation law, as added by chapter 209 of
12 the laws of 2007, is amended to read as follows:
13 § 404. Establishment of the New York city transit authority track and
14 surface omnibus safety task force. There is hereby established the New
15 York city transit track and surface omnibus safety task force with
16 responsibility for the review of the New York city transit authority's
17 on-track and surface omnibus safety program, including the following:
18 1. training and qualifications of affected employees;
19 2. appropriate procedures for protecting New York city transit author-
20 ity employees engaged in work along the track right-of-way, and opera-
21 tors of surface omnibus vehicles including good faith challenge proce-
22 dures;
23 3. instructions to train and surface omnibus operators;
24 4. relevant New York city transit authority rules;
25 5. third rail safety;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10549-01-1
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1 6. illumination; and
2 7. any additional related safety matters.
3 § 3. Section 405 of the transportation law, as added by chapter 209 of
4 the laws of 2007, subdivision 1 as amended by chapter 29 of the laws of
5 2008, is amended to read as follows:
6 § 405. New York city transit authority track and surface omnibus safe-
7 ty task force membership. 1. The New York city transit authority track
8 and surface omnibus safety task force shall consist of a total of four
9 members as follows:
10 (a) the commissioner or his or her designee;
11 (b) the commissioner of labor or his or her designee;
12 (c) the president of New York city transit authority or his or her
13 designee; and
14 (d) the president of Transport Workers Union, Local 100, an affiliate
15 of the New York state AFL-CIO, or his or her designee.
16 2. The commissioner or his or her designee shall be the chair of the
17 track and surface omnibus safety task force.
18 3. The track safety task force shall meet as often as deemed necessary
19 by the chair but in no event less than four times per year. Any member
20 may call a meeting on not less than ten days written notice to the other
21 members.
22 4. The members of the track and surface omnibus safety task force
23 shall receive no salary or other compensation for their services but
24 shall be entitled to reimbursement for actual and necessary expenses
25 incurred in the performance of their duties.
26 § 4. Section 408 of article 16 of the transportation law is renumbered
27 section 410 and two new sections 408 and 409 are added to read as
28 follows:
29 § 408. Surface omnibus safety program. 1. By May first, two thousand
30 twelve, the New York city transit authority track and surface omnibus
31 safety task force shall issue one or more reports setting forth the
32 recommendations of its members with respect to the implementing for the
33 New York city transit authority surface omnibus safety program. Such
34 reports shall be sent to the governor, the temporary president of the
35 senate and the speaker of the assembly.
36 2. Such track and surface omnibus safety task force shall also provide
37 to the public employee safety and health bureau within the department of
38 labor and to all labor organizations that represent New York city trans-
39 it authority employees engaged in work operating and maintaining surface
40 omnibus vehicles a copy of its reports.
41 3. Such track and surface omnibus safety task force shall set forth
42 procedures to insure that prior to the daily deployment of any omnibus
43 vehicle to provide mass transit services to the public a comprehensive
44 inspection of mechanical systems, glass, doors, tires and lifts for
45 handicapped passengers for such vehicle is completed in accordance with
46 the rules and regulations of the commissioner, and that any and all
47 defects detected are properly prepared prior to placing such vehicle in
48 service, and any other safety procedures its members deem necessary and
49 prudent to protect employees of the New York city transit authority and
50 the public-at-large. Notwithstanding any law, rule or contract provision
51 to the contrary, no employee, agent or other person acting on behalf of
52 the New York city transit authority is authorized to knowingly operate
53 or knowingly or recklessly compel another to operate an omnibus vehicle
54 that has an uncorrected deficiency noted in the inspection. The task
55 force shall document in its reports the number of instances when omnibus
56 vehicles are placed into service despite having uncorrected deficien-
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1 cies, and the adverse personnel action undertaken, if any, by the New
2 York city transit authority as a result of such improper deployments
3 into service.
4 § 409. Whistleblower access and assistance program. 1. "Whistleblow-
5 er", as used in this article, shall mean any employee of the New York
6 city transit authority or any of its subsidiaries, who discloses a mate-
7 rial breach of any safety procedure required by law, rule or regulation
8 of the commissioner or in contract provisions, whether or not the breach
9 of which causes or could reasonable cause injury to an employee of such
10 transit authority or the public-at-large, to the metropolitan transpor-
11 tation authority inspector general. The scope of the protections under
12 this section and in section one thousand two hundred seventy-nine of the
13 public authorities law, will also apply to any information rendered by
14 an employee if the New York city transit authority regarding the unau-
15 thorized direction by another employee, agent or person affiliated with
16 the New York city transit authority to ignore or otherwise disregard
17 such safety procedures.
18 2. Any communications between an employee and the metropolitan trans-
19 portation authority inspector general pursuant to this section shall be
20 held strictly confidential by the inspector general, unless the employee
21 specifically waives in writing the right to confidentiality, except that
22 such confidentiality shall not exempt the inspector general from
23 disclosing such information, where appropriate, to the state inspector
24 general in accordance with section fifty-five of the executive law, or
25 prevent disclosure to any law enforcement authority.
26 § 5. This act shall take effect immediately.
