S T A T E   O F   N E W   Y O R K
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                                  5383

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2013
                               ___________

Introduced  by  M.  of A. BRENNAN, COLTON, HOOPER, MAISEL -- Multi-Spon-
  sored by -- M. of A.  ABBATE, COOK, GLICK, GOTTFRIED, HEASTIE, JACOBS,
  ORTIZ, SWEENEY -- read once and referred to the  Committee  on  Corpo-
  rations, 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.
                                                           LBD09070-01-3
              

A. 5383                             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.