BILL NUMBER: S484B
SPONSOR: COMRIE
 
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.
 
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 one 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:
2020: S4020
2021-22: S4020A- Amended to include Mental Health Coverage.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Immediate.

Statutes affected:
S484: 64 railroad law