Provides a rebuttable presumption of criminal negligence when an employer or contractor hires a worker or laborer on a daily basis for a building construction project or construction job and requires such worker or laborer to perform tasks which such worker is not skilled or trained to perform.
STATE OF NEW YORK
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190
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
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Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to establishing a presumption
relating to the daily employment of unskilled or untrained workers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new section 202-l to
2 read as follows:
3 § 202-l. Unskilled or untrained workers; rebuttable presumption. 1. In
4 a criminal proceeding commenced against an employer or contractor, there
5 shall be a rebuttable presumption that any employer or contractor who
6 hires a worker or laborer on a daily basis for a building construction
7 project or construction job and requires such worker or laborer to
8 perform tasks which such worker is not skilled or trained to perform is
9 criminally negligent.
10 2. The presumption established by this section shall be rebutted by
11 credible and reliable evidence which tends to show that such employer or
12 contractor is not criminally negligent. In an action tried before a
13 jury, the jury shall be so instructed. Any sworn testimony of a defend-
14 ant offered to rebut the presumption and any other evidence which is
15 obtained as a result of such testimony, shall be inadmissible in any
16 subsequent proceeding relating to such criminal action. In an action
17 tried before a jury, at the commencement of the trial, or at such other
18 time as the court reasonably directs, the prosecutor shall provide
19 notice to the court and to the defendant of its intent to request that
20 the court charge such presumption.
21 § 2. This act shall take effect on the first of November next succeed-
22 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01986-01-9
