STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7213
 
                               2003-2004 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2003
                                       ___________
 
        Introduced  by M. of A. MORELLE, DESTITO, SCHIMMINGER, GUNTHER, CYMBROW-
          ITZ, LOPEZ, MAGEE, SEDDIO, CHRISTENSEN -- Multi-Sponsored by -- M.  of
          A. M. COHEN, R. DIAZ, GALEF, TONKO, TOWNS -- read once and referred to
          the Committee on Labor
 
        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:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 1414 to read as follows:
     3    §  1414. Applicability to certain actions. In any action or proceeding
     4  to recover damages for personal injury, injury to property, or  wrongful
     5  death  pursuant  to section two hundred forty, two hundred forty-one, or
     6  two hundred forty-one-a of the labor law, the  conduct  attributable  to
     7  the  claimant  or  decedent  shall  not  bar recovery, but the amount of
     8  damages otherwise recoverable shall be  determined  in  accordance  with
     9  section  fourteen hundred eleven of this article to the extent that such
    10  conduct relates to the commission of a criminal act,  impairment  caused
    11  by the use of drugs or alcohol, the failure of the employee to use safe-
    12  ty devices furnished at the job site, the failure to comply with employ-
    13  er  instructions  regarding the use of safety devices at the job site or
    14  the failure of the employee to otherwise comply with safe work practices
    15  in accordance with safety training programs provided  by  the  employer.
    16  Such  training  programs  shall  include,  but  shall not be limited to,
    17  courses in construction safety and health certified by the United States
    18  Occupational Safety and  Health  Administration  or  the  department  of
    19  labor.
    20    §  2.  This  act  shall take effect immediately and shall apply to all
    21  causes of actions accruing on or after such date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08841-02-3