S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5125
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. SCHIMMINGER, MONTESANO -- Multi-Sponsored by --
   M. of A. GALEF, HAWLEY, KOLB -- read once and referred to the  Commit-
   tee on Codes
 
 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:
   §  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
 ACCORDANCE WITH SAFETY TRAINING PROGRAMS PROVIDED TO SUCH  PERSON.  SUCH
 TRAINING PROGRAMS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, COURSES IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03837-01-9

 A. 5125                             2
 
 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.
   3.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO ACTIONS OR
 PROCEEDINGS WHEREIN THE PERSONAL INJURY, INJURY TO PROPERTY, OR WRONGFUL
 DEATH IS ALLEGED OR SUBSEQUENTLY DETERMINED TO HAVE OCCURRED, OR  ARISEN
 OUT  OF  AN OCCURRENCE, WITHIN A CITY HAVING A POPULATION OF ONE MILLION
 OR MORE INHABITANTS.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 causes of actions accruing on or after such date.