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NY A07562
Bill
Status
5/25/2023
Primary Sponsor
Michael Fitzpatrick
Click for details
AI Summary
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Amends Civil Practice Law and Rules by adding section 1414 to apply to actions for damages under Labor Law sections 240, 240-241 (subdivisions 1-5), and 241-a involving employee injuries from scaffolding and similar devices.
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Employee negligence, failure to use safety equipment, failure to follow safety training, criminal conduct, or drug/alcohol impairment shall not bar recovery for injury damages, but shall reduce damages according to comparative negligence rules.
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Required safety training programs must include courses in construction safety and health certified by the Occupational Safety and Health Administration (OSHA) or the Department of Labor.
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Employer liability is not created where employee failure to follow safety practices, use safety equipment, commit a criminal act, or drug/alcohol impairment is the sole proximate cause of the injury.
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Takes effect immediately and applies to all causes of action accruing on or after the effective date.
Legislative Description
Provides that where safety equipment or devices have been made available, and an employee 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 alcohol, 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 contributory negligence provisions.
Last Action
referred to judiciary
1/3/2024