Senate Bill S4083

                                BILL NUMBER:S4083

TITLE OF BILL:

An act to amend the labor law, in relation to establishing a
presumption relating to the daily employment of unskilled or untrained
workers

PURPOSE OR GENERAL IDEA OF BILL:

Creates a rebuttable presumption in a criminal proceeding that an
employer who hires an unskilled or untrained worker or laborer on a
daily basis and such worker is required to perform tasks he or she is
not skilled or trained to perform is criminally negligent.

SUMMARY OF SPECIFIC PROVISIONS:

A new section 202-m is added to the labor law. In a criminal
proceeding against an employer who hires unskilled or untrained
workers to perform tasks such worker or laborer is not skilled or
trained to perform this bill creates a rebuttable presumption that the
employer is guilty of criminal negligence. Section 202-1(2)
Establishes that the presumption created in section 202-m may be
rebutted by credible and reliable evidence to show employer was not
negligent. This section also addresses jury instructions in these
cases. Also establishes that the prosecution shall provide notice to
              

the defendant and the court of its intention to request that the court
charge such presumption.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Currently there is no presumption of negligence in cases involving
employers who hire unskilled labor.

JUSTIFICATION:

Each day in the City of New York and elsewhere, potential day-laborers
gather on street corners hoping to be hired by one of the contractors
who cruise the streets looking for cheap labor. These workers are
unskilled and untrained. They are often called upon to perform
dangerous jobs that require skill and experience. In August 1999
Daniel Eduardo, an unskilled laborer, died on an unsafe construction
site when he drowned in concrete after an improperly braced floor
collapsed. This accident would have resulted in many more deaths if
not for the heroic efforts of fire personnel and police who literally
swam through concrete to reach trapped workers. Mr. Eduardo is only
one example of hundreds of unskilled day-laborers who toil on
construction projects in this State. They are often illegal immigrants
who are paid less than minimum wage. They are often exposed to
dangerous conditions such as exposed wiring, asbestos and unsafe
building practices. They will not report safety violations because
they are often illegal immigrants who fear reprisal or deportation.
New York State must ensure worker safety and punish those who
knowingly subject unskilled, untrained workers to hazardous situations
and practices. This legislation will ensure t hat contractors who
knowingly hire unskilled, untrained laborers to do dangerous jobs will
be held accountable for their actions.


LEGISLATIVE HISTORY:

S.3115 of 2007
02/23/08 Referred to Labor
S.1690 of 2011
01/11/11 Referred to Labor
01/04/12 Referred to Labor
01/09/13 REFERRED TO LABOR
01/08/14 REFERRED TO LABOR

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.