S T A T E   O F   N E W   Y O R K
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                                  4706

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  GREENE,  COLTON, HOOPER, MAISEL --
  Multi-Sponsored by -- M. of A. ABBATE, COOK, GLICK, GOTTFRIED,  HEAST-
  IE,  JACOBS,  JOHN,  NOLAN,  ORTIZ,  PHEFFER, SWEENEY -- read once and
  referred to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in  relation  to  protecting
  metropolitan  transportation  authority  employees  from  its possible
  negligence

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative intent. This legislative body recognizes that
metropolitan transportation authority workers face dangerous  and  some-
times  fatal  circumstances  daily due to the nature of their work. This
body also recognizes that given the dangerous nature of the  occupation,
there  is a need for competent supervision and precise up-to-date infor-
mation on the possible dangerous  conditions  facing  the  employees  on
their  assignment.  In order to ensure proper supervision, there must be
an avenue of redress for employees or their representatives to use  when
they  are  not  being  given appropriate and adequate supervision or are
subject to conditions where safety markers or designations  mandated  by
law  or  regulation are not present. Therefore, it is the intent of this
legislative body to protect these metropolitan transportation  authority
employees from such negligence by enacting the following legislation.
  S  2.  Subdivisions  5 and 6 of section 1276 of the public authorities
law are renumbered subdivisions 6 and 7 and a new subdivision 5 is added
to read as follows:
  5. (A) IN ADDITION TO ANY OTHER RIGHT OF ACTION OR RECOVERY UNDER  ANY
OTHER  PROVISION OF LAW, IN THE EVENT ANY ACCIDENT CAUSING INJURY, DEATH
OR DISEASE WHICH RESULTS IN DEATH OCCURS DIRECTLY  OR  INDIRECTLY  AS  A
RESULT  OF  ANY NEGLECT, OMISSION, WILLFUL OR CULPABLE NEGLIGENCE OF ANY
PERSON OR PERSONS EMPLOYED BY THE METROPOLITAN TRANSPORTATION  AUTHORITY
IN  PERMITTING  TO  BE  VIOLATED,  OR FAILING TO COMPLY WITH, ANY SAFETY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03252-01-9
              

A. 4706                             2

STANDARDS AUTHORIZED PURSUANT TO ANY LAW,  RULE  OR  REGULATION  OF  ANY
FEDERAL  OR  STATE AGENCY CONCERNED WITH OCCUPATIONAL SAFETY AND HEALTH,
THE PERSON OR PERSONS GUILTY  OF  SAID  NEGLECT,  OMISSION,  WILLFUL  OR
CULPABLE  NEGLIGENCE AT THE TIME OF SUCH INJURY OR DEATH SHALL BE LIABLE
TO PAY ANY EMPLOYEE SO INJURED, OR WHOSE LIFE MAY BE LOST WHILE  IN  THE
DISCHARGE OF ANY DUTY IMPOSED BY THE METROPOLITAN TRANSPORTATION AUTHOR-
ITY,  ITS  OFFICERS AND EMPLOYEES, OR TO PAY TO THE SPOUSE AND CHILDREN,
OR TO PAY THE PARENTS, OR TO PAY THE BROTHERS  AND  SISTERS,  BEING  THE
SURVIVING  HEIRS-AT-LAW  OF  ANY DECEASED PERSON THUS HAVING LOST HIS OR
HER LIFE, A SUM OF MONEY, IN CASE OF INJURY TO PERSON, NOT LESS THAN ONE
THOUSAND DOLLARS AND, IN THE CASE OF DEATH, NOT LESS THAN FIVE  THOUSAND
DOLLARS,  SUCH  LIABILITY TO BE DETERMINED AND SUCH SUMS RECOVERED IN AN
ACTION TO BE INSTITUTED BY ANY PERSON INJURED OR THE FAMILY OR RELATIVES
OF ANY PERSON KILLED AS AFORESAID PROVIDED,  HOWEVER,  THAT  NOTHING  IN
THIS SECTION SHALL BE DEEMED TO EXPAND OR RESTRICT ANY RIGHT AFFORDED TO
OR LIMITATION IMPOSED UPON AN EMPLOYER, AN EMPLOYEE OR HIS OR HER REPRE-
SENTATIVE BY VIRTUE OF ANY PROVISIONS OF THE WORKERS' COMPENSATION LAW.
  (B)  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.
  S 3. This act shall take effect immediately.