STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1710
 
                               2003-2004 Regular Sessions
 
                    IN SENATE
 
                                    February 10, 2003
                                       ___________
 
        Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
          printed to be committed to the Committee 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:
 
     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