Provides a rebuttable presumption of criminal negligence when an employer or contractor hires a worker or laborer on a daily basis for a building construction project or construction job and requires such worker or laborer to perform tasks which such worker is not skilled or trained to perform.

---

S700-2013 Actions

• Jan 9, 2013: REFERRED TO LABOR

S700-2013 Memo

BILL NUMBER:S700

TITLE OF BILL:
An act
to amend the labor law, in relation to establishing a presumption
relating to the daily employment of unskilled or untrained workers

PURPOSE OR GENERAL IDEA OF BILL:
Creates a rebuttable presumption in a criminal proceeding that an
employer who hires an unskilled or untrained worker or laborer on a
daily basis and such worker is required to perform tasks he or she
is not skilled or trained to perform is criminally negligent.

SUMMARY OF SPECIFIC PROVISIONS:
A new section 202-l is added to the labor law. In a criminal proceeding
against an employer who hires unskilled or untrained workers to
perform tasks such worker or laborer is not skilled or trained to
perform this bill creates a rebuttable presumption that the
employer is guilty of criminal negligence. Section 202-l(2)
Establishes that the presumption created in section 202-l may be
rebutted by credible and reliable evidence to show employer was not
negligent. This section also addresses jury instructions in these
cases. Also establishes that the prosecution shall provide notice to
the defendant and the court of its intention to request that the
court charge such presumption.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Currently there is no presumption of negligence in cases involving
employers who hire unskilled labor.

JUSTIFICATION:
Each day in the City of New York and elsewhere, potential day-laborers
gather on street corners hoping to be hired by one of the
contractors who cruise the streets looking for cheap labor. These
workers are unskilled and untrained. They are often called upon to
perform dangerous jobs that require skill and experience. In August
1999 Daniel Eduardo, an unskilled laborer, died on an unsafe
construction site when he drowned in concrete after an improperly
braced floor collapsed. This accident would have resulted in many
more deaths if not for the heroic efforts of fire personnel and police
who literally swam through concrete
to reach trapped workers. Mr. Eduardo is only one example of hundreds
of unskilled day-laborers who toil on construction projects in this
State. They are often illegal immigrants who are paid less than
minimum wage. They are often exposed to dangerous conditions such as
exposed wiring, asbestos and unsafe building practices. They will not
report safety violations because they are often illegal immigrants
who fear reprisal or deportation. New York State must ensure worker
safety and punish those who knowingly subject unskilled, untrained
workers to hazardous situations and practices. This legislation will
ensure that contractors who knowingly hire unskilled, untrained
laborers to do dangerous jobs will be held accountable for their
actions.

LEGISLATIVE HISTORY:


S.3115 of 2007
02/23/08 Referred to Labor
S.1690 of 2011
01/11/11 Referred to Labor
01/04/12 Referred to Labor

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S700-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     700

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
    printed to be committed to the Committee on Labor

  AN ACT to amend the labor law, in relation to establishing a presumption
    relating to the daily employment of unskilled or untrained workers

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  The labor law is amended by adding a new section 202-l to
  read as follows:

    S 202-L. UNSKILLED OR UNTRAINED WORKERS; REBUTTABLE PRESUMPTION. 1. IN
  A CRIMINAL PROCEEDING COMMENCED AGAINST AN EMPLOYER OR CONTRACTOR, THERE
  SHALL BE A REBUTTABLE PRESUMPTION THAT ANY EMPLOYER  OR  CONTRACTOR  WHO
  HIRES  A  WORKER OR LABORER ON A DAILY BASIS FOR A BUILDING CONSTRUCTION
  PROJECT OR CONSTRUCTION JOB AND  REQUIRES  SUCH  WORKER  OR  LABORER  TO
  PERFORM  TASKS WHICH SUCH WORKER IS NOT SKILLED OR TRAINED TO PERFORM IS
  CRIMINALLY NEGLIGENT.
    2. THE PRESUMPTION ESTABLISHED BY THIS SECTION SHALL  BE  REBUTTED  BY
  CREDIBLE AND RELIABLE EVIDENCE WHICH TENDS TO SHOW THAT SUCH EMPLOYER OR
  CONTRACTOR  IS  NOT  CRIMINALLY  NEGLIGENT.  IN AN ACTION TRIED BEFORE A
  JURY, THE JURY SHALL BE SO INSTRUCTED. ANY SWORN TESTIMONY OF A  DEFEND-
  ANT  OFFERED  TO  REBUT  THE PRESUMPTION AND ANY OTHER EVIDENCE WHICH IS
  OBTAINED AS A RESULT OF SUCH TESTIMONY, SHALL  BE  INADMISSIBLE  IN  ANY
  SUBSEQUENT  PROCEEDING  RELATING  TO SUCH CRIMINAL ACTION.  IN AN ACTION
  TRIED BEFORE A JURY, AT THE COMMENCEMENT OF THE TRIAL, OR AT SUCH  OTHER
  TIME  AS  THE  COURT  REASONABLY  DIRECTS,  THE PROSECUTOR SHALL PROVIDE
  NOTICE TO THE COURT AND TO THE DEFENDANT OF ITS INTENT TO  REQUEST  THAT
  THE COURT CHARGE SUCH PRESUMPTION.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02130-01-3