Directs the department of transportation to conduct a comprehensive study of highway construction and maintenance worker safety; directs the department to gather feedback from stakeholders; requires the department to submit a report on its findings and recommendations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10066A
SPONSOR: Magnarelli TITLE OF BILL:
An act in relation to establishing a comprehensive study examining high-
way safety standards and necessary worker protection improvements
PURPOSE OR GENERAL IDEA OF BILL:
Requires the NYS Department of Transportation conduct a study on how to
improve highway worker safety.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Requires that the Department of Transportation conduct a
comprehensive study on highway worker safety.
Section 2: Requires the Department of Transportation to gather feedback
from a wide variety of stakeholders in the field.
Section 3: Establishes that the findings be for study purposes only.
Section 4: Sets a scope for the study.
Section 5: Requires that the final report be completed and released
within one year of the effective date.
Section 6: Provides a definition.
Section 7: Establishes the effective date.
JUSTIFICATION:
Roadway work zones continue to be inherently dangerous for both workers
and motorists. Despite significant-strides in recent years to curb the
hazardous behaviors of motorists, work zone incidents persist. In the
year 2025, 354 work zone intrusions occurred, resulting in 33 injuries
and 2 fatalities. In 2024, 322 work zone intrusions were reported,
resulting in 138 injuries. These statistics, provided by the NYSDOT,
demonstrate more must be done to protect workers and motorists. It is
imperative the NYSDOT strive to make work zones less hazardous by engag-
ing stakeholders and conducting a comprehensive study outlining how
roadway work zones can be made safer for the general public and the
workers tasked with performing roadwork. All workers deserve to return
to their families each night, and any fatality or injury occurring in a
roadway work zone should be considered unacceptable.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10066--A
IN ASSEMBLY
January 30, 2026
___________
Introduced by M. of A. MAGNARELLI, SHIMSKY, SANTABARBARA, COLTON, McDO-
NALD, LUPARDO -- Multi-Sponsored by -- M. of A. SIMON -- read once and
referred to the Committee on Transportation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT in relation to establishing a comprehensive study examining high-
way safety standards and necessary worker protection improvements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The New York state department of transportation, in consul-
2 tation with the department of motor vehicles, the governor's traffic
3 safety committee, the thruway authority, and the division of state
4 police, is hereby authorized and directed to conduct a comprehensive
5 study of highway construction and maintenance worker safety.
6 § 2. The department of transportation shall gather feedback on the
7 safety of highway construction and maintenance workers from a broad
8 range of stakeholders, including but not limited to road and bridge
9 construction and maintenance workers, labor unions, road and bridge
10 construction contractors and their associations, project administrators,
11 and municipal officials. The department of transportation shall hold at
12 least three public hearings across the state to gather input from such
13 stakeholders.
14 § 3. The results, findings, and recommendations of the study shall be
15 for study purposes only and shall not be considered binding upon the
16 executive or the legislature in any manner.
17 § 4. The study required by this act shall include, but not be limited
18 to:
19 (a) an examination and review of the impact of the current regulatory
20 framework and other measures used to improve the safety of highway
21 construction and maintenance workers including, but not limited to, the
22 operation of photo speed violation monitoring systems within work zones,
23 the use of a police presence at major active work zones as defined by
24 the commissioner of transportation, the highway construction and mainte-
25 nance safety education program established pursuant to section 224-a of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14552-04-6
A. 10066--A 2
1 the vehicle and traffic law, the highway construction and maintenance
2 safety education fund established pursuant to section 99-n of the state
3 finance law, and any other applicable law, rule, or regulation;
4 (b) the identification of best practices in the road construction and
5 maintenance industry relating to highway construction and maintenance
6 worker safety that could be implemented to improve the safety of such
7 workers, including methods used in other states or countries;
8 (c) a review and analysis of studies, statistics, and data driven
9 analysis models relating to further improvements in highway construction
10 and maintenance worker safety and protection;
11 (d) a review and analysis of the feedback from stakeholders gathered
12 by the department of transportation pursuant to this act; and
13 (e) anticipated costs associated with implementing new roadway safety
14 measures reviewed as part of the study.
15 § 5. No later than one year after the effective date of this act, the
16 department of transportation shall submit a report of its findings and
17 recommendations to the governor, the temporary president of the senate,
18 the minority leader of the senate, the speaker of the assembly, the
19 minority leader of the assembly, and the chairs and ranking members of
20 the senate and assembly transportation committees. The report shall
21 also be published on the department of transportation's public website.
22 § 6. For the purposes of this act, the term "labor union" shall mean a
23 bona fide labor organization which has established itself, and/or its
24 affiliates, as the collective bargaining representative for persons who
25 perform road or bridge construction or maintenance work.
26 § 7. This act shall take effect immediately.
