S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1895

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section 1. The civil practice law and rules is amended by adding a new
section 1414 to read as follows:
  S  1414.    APPLICABILITY  TO  CERTAIN  ACTIONS. 1.   IN ANY ACTION OR
PROCEEDING TO RECOVER DAMAGES FOR PERSONAL INJURY, INJURY  TO  PROPERTY,
OR  WRONGFUL  DEATH  PURSUANT TO SECTION TWO HUNDRED FORTY, SUBDIVISIONS
ONE THROUGH FIVE OF  SECTION  TWO  HUNDRED  FORTY-ONE,  OR  SECTION  TWO
HUNDRED  FORTY-ONE-A OF THE LABOR LAW, WHERE SAFETY EQUIPMENT OR DEVICES
HAVE BEEN MADE AVAILABLE, AND A PERSON EMPLOYED OR OTHERWISE ENTITLED TO
THE PROTECTION OF THE PROVISIONS OF SUCH SECTION HAS  FAILED  TO  FOLLOW
SAFETY  INSTRUCTION  OR  SAFE WORK PRACTICES IN ACCORDANCE WITH TRAINING
PROVIDED, OR FAILED TO UTILIZE PROVIDED SAFETY EQUIPMENT OR DEVICES,  OR
ENGAGED  IN  A CRIMINAL ACT OR WAS IMPAIRED BY THE USE OF DRUGS OR ALCO-
HOL, AND SUCH FAILURE, ACT OR IMPAIRMENT IS  A  PROXIMATE  CAUSE  OF  AN
INJURY TO SUCH PERSON, THE CONDUCT ATTRIBUTABLE TO SUCH PERSON SHALL NOT
BAR  RECOVERY,  BUT THE AMOUNT OF DAMAGES OTHERWISE RECOVERABLE SHALL BE
DETERMINED IN ACCORDANCE WITH SECTION FOURTEEN HUNDRED  ELEVEN  OF  THIS
ARTICLE  TO  THE EXTENT THAT SUCH CONDUCT RELATES TO THE COMMISSION OF A
CRIMINAL ACT, IMPAIRMENT CAUSED BY THE USE  OF  DRUGS  OR  ALCOHOL,  THE
FAILURE  TO  USE SAFETY EQUIPMENT OR DEVICES, THE FAILURE TO COMPLY WITH
INSTRUCTIONS OR TRAINING  REGARDING  THE  USE  OF  SAFETY  EQUIPMENT  OR
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

ACCORDANCE WITH SAFETY TRAINING PROGRAMS PROVIDED TO SUCH  PERSON.  SUCH
TRAINING PROGRAMS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, COURSES IN
CONSTRUCTION  SAFETY  AND  HEALTH CERTIFIED BY THE UNITED STATES OCCUPA-
TIONAL SAFETY AND HEALTH ADMINISTRATION OR THE DEPARTMENT OF LABOR.
  2.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL BE DEEMED TO IMPOSE OR
CREATE LIABILITY UNDER SUCH SECTIONS OF THE LABOR  LAW  REFERRED  TO  IN
SUBDIVISION  ONE  OF  THIS SECTION, WHERE A PERSON EMPLOYED OR OTHERWISE
ENTITLED TO THE PROTECTION OF THE PROVISIONS OF SUCH SECTIONS HAS FAILED
TO FOLLOW SAFETY INSTRUCTIONS OR SAFE WORK PRACTICES IN ACCORDANCE  WITH
TRAINING  PROVIDED,  OR  FAILED  TO UTILIZE PROVIDED SAFETY EQUIPMENT OR
DEVICES, OR ENGAGED IN A CRIMINAL ACT OR WAS  IMPAIRED  BY  THE  USE  OF
DRUGS OR ALCOHOL, AND SUCH FAILURE, ACT OR IMPAIRMENT IS THE SOLE PROXI-
MATE CAUSE OF AN INJURY TO SUCH PERSON.
  S  2.  This  act  shall take effect immediately and shall apply to all
causes of actions accruing on or after such date.