BILL NUMBER: S8441
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to protecting
the right of action for workers
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation gives injured state employees the ability to sue the
state if such injury occurred after the Department of Labor was notified
of a dangerous situation at the worksite.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Allows state employees the option to sue the state if an
injury or death is sustained after the Department of Labor is notified
or fails to investigate or remediate a dangerous situation at a state
worksite
Section 2: Establishes the effective date.
 
JUSTIFICATION:
Sections 17-a and 27-b of the labor law empower and require that the
commissioner of labor investigate and remediate workplace safety issues.
These investigations and orders to remediate dangerous situations in
various state-operated facilities has led to injuries that could have
been prevented, as well as a climate of danger and fear for workers and
clients alike.
This legislation ensures that workers who are injured after the Commis-
sioner has been notified of a dangerous issue at a state-operated facil-
ity and has failed to inspect or remediate such dangerous situation in a
reasonable time frame have the opportunity to seek legal remedies
against the state for the injuries or deaths that have resulted directly
from the failure to identify and remediate such dangerous situation.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
90th day after it shall have become law