S T A T E O F N E W Y O R K
________________________________________________________________________
4706
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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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.