New York A 6007: Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees

Bill Text

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A06007 Summary:

BILL NOA06007 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORFitzpatrick

&nbsp

COSPNSRBrown E, Angelino, Pirozzolo, Simpson, Brown K

&nbsp

MLTSPNSR

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Add §1414, CPLR

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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.

Go to top A06007 Actions:

BILL NOA06007 

&nbsp

02/25/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA06007 Committee&nbspVotes:

Go to topA06007 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06007 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6007

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 25, 2025
 ___________

 Introduced by M. of A. FITZPATRICK -- read once and referred to the
 Committee on Judiciary

 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. 1. In any action or
 4 proceeding to recover damages for personal injury, injury to property,
 5 or wrongful death pursuant to section two hundred forty, subdivisions
 6 one through five of section two hundred forty-one, or section two
 7 hundred forty-one-a of the labor law, where safety equipment or devices
 8 have been made available, and a person employed or otherwise entitled to
 9 the protection of the provisions of such section has failed to follow
 10 safety instruction or safe work practices in accordance with training
 11 provided, or failed to utilize provided safety equipment or devices, or
 12 engaged in a criminal act or was impaired by the use of drugs or alco-
 13 hol, and such failure, act or impairment is a proximate cause of an
 14 injury to such person, the conduct attributable to such person shall not
 15 bar recovery, but the amount of damages otherwise recoverable shall be
 16 determined in accordance with section fourteen hundred eleven of this
 17 article to the extent that such conduct relates to the commission of a
 18 criminal act, impairment caused by the use of drugs or alcohol, the
 19 failure to use safety equipment or devices, the failure to comply with
 20 instructions or training regarding the use of safety equipment or
 21 devices or the failure to otherwise comply with safe work practices in
 22 accordance with safety training programs provided to such person. Such
 23 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.
 LBD09005-01-5

 A. 6007 2

 1 construction safety and health certified by the United States Occupa-
 2 tional Safety and Health Administration or the department of labor.
 3 2. Nothing contained in this section shall be deemed to impose or
 4 create liability under such sections of the labor law referred to in
 5 subdivision one of this section, where a person employed or otherwise
 6 entitled to the protection of the provisions of such sections has failed
 7 to follow safety instructions or safe work practices in accordance with
 8 training provided, or failed to utilize provided safety equipment or
 9 devices, or engaged in a criminal act or was impaired by the use of
 10 drugs or alcohol, and such failure, act or impairment is the sole proxi-
 11 mate cause of an injury to such person.
 12 § 2. This act shall take effect immediately and shall apply to all
 13 causes of actions accruing on or after such date.