S T A T E O F N E W Y O R K ________________________________________________________________________ 4019 1997-1998 Regular Sessions I N A S S E M B L Y February 10, 1997 ___________ Introduced by M. of A. NOLAN, GREEN, ORTIZ, TOKASZ -- Multi-Sponsored by -- M. of A. BOYLAND, D. BUTLER, CLARK, CROWLEY, DAVIS, GLICK, GOTT- FRIED, GREENE, JOHN, KLEIN, MAYERSOHN, McLAUGHLIN -- read once and referred to the Committee on Labor AN ACT to amend the labor law and the civil practice law and rules, in relation to making certain duties imposed on owners and contractors which concern construction, excavation or demolition work nondelagable The People of the State of New York, represented in Senate and Assem- ______________________________________________________________________ bly, do enact as follows: _________________________ 1 Section 1. Subdivision 6 of section 241 of the labor law, as amended 2 by chapter 520 of the laws of 1989, is amended to read as follows: 3 6. a. All areas in which construction, excavation or demolition work __ 4 is being performed shall be so constructed, shored, equipped, guarded, 5 arranged, operated and conducted as to provide reasonable and adequate 6 protection and safety to the persons employed therein or lawfully frequ- 7 enting such places. The commissioner may make rules to carry into effect 8 the provisions of this subdivision, and the owners and contractors and 9 their agents for such work, except owners of one and two-family dwell- 10 ings who contract for but do not direct or control the work, shall 11 comply therewith. 12 b. The duties imposed by this subdivision, or by rules promulgated by ______________________________________________________________________ 13 the commissioner pursuant to this subdivision, on owners and contractors ________________________________________________________________________ 14 and their agents, shall be nondelegable whether the standard of care ________________________________________________________________________ 15 imposed is a common law standard of care, a general standard of care, or ________________________________________________________________________ 16 a specific standard of care. The duties shall be nondelegable whether ________________________________________________________________________ 17 the rule upon which violation is based is general or specific. The ________________________________________________________________________ 18 duties imposed by this subdivision shall also apply to rules and regu- ________________________________________________________________________ 19 lations promulgated pursuant to the occupational safety and health act ________________________________________________________________________ 20 of 1970. ________ 21  2. The civil practice law and rules is amended by adding a new 22 section 214-e to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD05531-01-7 A. 4019 2 1  214-e. Revival of certain claims. Every cause of action or claim ______________________________________________________________________ 2 based on subdivision six of section two hundred forty-one of the labor ________________________________________________________________________ 3 law which was pending or which would have been actionable on June tenth, ________________________________________________________________________ 4 nineteen hundred ninety-three, is hereby revived and an action may be ________________________________________________________________________ 5 commenced or amended at any time as of right even if time-barred by the ________________________________________________________________________ 6 applicable statute of limitations, provided that such action is ________________________________________________________________________ 7 commenced on or before the expiration of one year after the effective ________________________________________________________________________ 8 date of this section. _____________________ 9  3. This act shall take effect immediately.