Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, shall suffer a physical and/or mental injury that is caused by a passenger, customer or member of the public while the employee is performing an assigned duty, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A380B
SPONSOR: Burgos TITLE OF BILL:
An act to amend the public authorities law, in relation to employer
liability for on-duty assaults of employees
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that employees of intercity rail passenger services and commu-
ter rail services who suffer physical injuries due to line of duty
assaults are properly protected, compensated and made whole for medical
expenses and lost wages.
SUMMARY OF PROVISIONS:
Section one of the bill amends the railroad law to set a clear policy
with respect to liability for line of duty assaults and other attacks
perpetrated upon employees of intercity rail passenger services and
commuter rail services by other passengers, customers or members of the
public. In the event of such assaults or attacks, resulting in physical
injury, the railroad shall be liable for: (1) Medical costs specifically
attributed to the injury and (2) Lost compensation in the event that an
employee is unable to perform their duties, consistent with the opinion
of his or her medical provider. Section two of the bill provides the
effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
JUSTIFICATION:
Alarmingly, assaults and attacks on public transit workers are occurring
with increased frequency. In January of 2020, a Metro North Railroad
(MNR) female conductor was punched in the face by an unruly passenger,
resulting in injuries. Several years ago, it was reported that, on aver-
age, at least the serious line of duty assault occurs per month on MNR
trains. These numbers and incidents are unacceptable, yet equally unac-
ceptable is the fact that there are no clear liability standards or
guaranteed recompense to commuter rail employees who suffer line of duty
assaults or attacks. This legislation sets clear standards of account-
ability and liability, reasonable requiring the passenger rail companies
to provide for employee medical costs and lost wages. Asking employees
who have suffered assaults to pay out of pocket costs, incur lost wages,
or draw down on accrued sick time is unreasonable and unfair. This bill
rights a present wrong.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A8070 (Burgos)- Referred to transportation;S4020A (Comrie) -
Referred to transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
380--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. BURGOS, JOYNER, SEPTIMO, SHIMSKY -- read once and
referred to the Committee on Transportation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to employer
liability for on-duty assaults of employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1266-l of the public authorities law, as added by
2 chapter 668 of the laws of 2022, is renumbered section 1266-m and a new
3 section 1266-n is added to read as follows:
4 § 1266-n. Employer liability for on-duty assaults of employees. 1. If
5 any employee, engaged in the service of any commuter rail service owned
6 or operated by the authority or one of its subsidiaries, shall suffer a
7 physical and/or mental injury that is caused by a passenger, customer or
8 member of the public while the employee is performing an assigned duty,
9 pursuant to subdivision eleven of section 120.05 of the penal law or
10 otherwise, the employer shall be liable for any health care costs
11 attributable to such injury and, in cases where it is determined by his
12 or her health care provider that such injured employee is unable to
13 perform his or her assigned regular duties due to such injury, such
14 employee shall be compensated by the employer at an amount not less than
15 the employee would have earned on the assignment they would have worked
16 until such time that such employee is designated able to return to work
17 by his or her health care provider, or is found permanently disabled as
18 a result of such injury, or if such employee is granted an accidental
19 disability retirement allowance, a retirement for disability incurred in
20 performance of duty allowance or similar accidental disability pension
21 provided by the pension fund of which he or she is a member, or until
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00617-05-3
A. 380--B 2
1 such time that such employee leaves their employment with the authority
2 or subsidiary.
3 2. Nothing in this section shall be deemed to diminish the rights,
4 privileges, or remedies of any employee under any collective bargaining
5 agreement or employment contract. Nothing in this section is intended
6 to supersede or conflict with federal laws, rules or regulations.
7 3. Notwithstanding any provision of law contrary thereto contained
8 herein or elsewhere, a cause of action shall accrue to the authority or
9 its subsidiaries for reimbursement in such sum or sums actually paid as
10 salary or wages and for health care costs as against any third party
11 against whom the employee shall have a cause of action for the injury
12 sustained or sickness caused by such third party.
13 § 2. This act shall take effect immediately.
