A01895 Summary:

BILL NOA01895
 
SAME ASNo same as
 
SPONSORMorelle (MS)
 
COSPNSRDestito, Schimminger, Lopez V, Magee, Christensen, Cymbrowitz, Galef, Robinson, Fields
 
MLTSPNSRBall, Hooper, Koon, Lupardo, McEneny, Towns, Weisenberg
 
Add S1414, CPLR
 
Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees.
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A01895 Actions:

BILL NOA01895
 
01/14/2009referred to judiciary
01/06/2010referred to judiciary
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A01895 Floor Votes:

There are no votes for this bill in this legislative session.
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A01895 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1895
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2009
                                       ___________
 
        Introduced  by  M. of A. MORELLE, DESTITO, SCHIMMINGER, V. LOPEZ, MAGEE,
          CHRISTENSEN, CYMBROWITZ, GALEF, ROBINSON, FIELDS,  SEMINERIO,  PERALTA
          --  Multi-Sponsored  by  --  M.  of A. HOOPER, KOON, LUPARDO, McENENY,
          TOWNS, WEISENBERG -- read once and referred to the Committee on  Judi-
          ciary
 

        AN  ACT  to  amend  the civil practice law and rules, in relation to the
          applicability of certain provisions with respect to persons injured in
          the use of scaffolding and other devices for use by employees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 1414 to read as follows:
     3    §  1414.    Applicability  to  certain  actions. 1.   In any action or
     4  proceeding to recover damages for personal injury, injury  to  property,
     5  or  wrongful  death  pursuant to section two hundred forty, subdivisions
     6  one through five of  section  two  hundred  forty-one,  or  section  two
     7  hundred  forty-one-a of the labor law, where safety equipment or devices

     8  have been made available, and a person employed or otherwise entitled to
     9  the protection of the provisions of such section has  failed  to  follow
    10  safety  instruction  or  safe work practices in accordance with training
    11  provided, or failed to utilize provided safety equipment or devices,  or
    12  engaged  in  a criminal act or was impaired by the use of drugs or alco-
    13  hol, and such failure, act or impairment is  a  proximate  cause  of  an
    14  injury to such person, the conduct attributable to such person shall not
    15  bar  recovery,  but the amount of damages otherwise recoverable shall be
    16  determined in accordance with section fourteen hundred  eleven  of  this
    17  article  to  the extent that such conduct relates to the commission of a

    18  criminal act, impairment caused by the use  of  drugs  or  alcohol,  the
    19  failure  to  use safety equipment or devices, the failure to comply with
    20  instructions or training  regarding  the  use  of  safety  equipment  or
    21  devices  or  the failure to otherwise comply with safe work practices in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04922-01-9

        A. 1895                             2
 
     1  accordance with safety training programs provided to such  person.  Such
     2  training programs shall include, but shall not be limited to, courses in

     3  construction  safety  and  health certified by the United States Occupa-
     4  tional Safety and Health Administration or the department of labor.
     5    2.  Nothing  contained  in  this  section shall be deemed to impose or
     6  create liability under such sections of the labor  law  referred  to  in
     7  subdivision  one  of  this section, where a person employed or otherwise
     8  entitled to the protection of the provisions of such sections has failed
     9  to follow safety instructions or safe work practices in accordance  with
    10  training  provided,  or  failed  to utilize provided safety equipment or
    11  devices, or engaged in a criminal act or was  impaired  by  the  use  of
    12  drugs or alcohol, and such failure, act or impairment is the sole proxi-

    13  mate cause of an injury to such person.
    14    §  2.  This  act  shall take effect immediately and shall apply to all
    15  causes of actions accruing on or after such date.
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