PRINTER'S NO. 2208
No. 1773 Session of 1987
INTRODUCED BY KOSINSKI, LEVDANSKY, KUKOVICH, JAROLIN, TIGUE,
OLASZ, FREEMAN, HOWLETT, MAIALE, VEON, BALDWIN, JOSEPHS,
CORRIGAN, BELARDI, GRUITZA, BORTNER, TELEK, R. C. WRIGHT,
DURHAM, BOYES AND WOGAN, OCTOBER 5, 1987
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 5, 1987
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing certain
3 employees additional causes of action against employers for
4 the removal of warning, guard or safety devices from
5 machinery, tools or other implements.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Chapter 83 of Title 42 of the Pennsylvania
9 Consolidated Statutes is amended by adding a subchapter to read:
10 CHAPTER 83
11 PARTICULAR RIGHTS AND IMMUNITIES
12 * * *
13 SUBCHAPTER G
14 HAZARD-FREE WORKPLACE
15 Sec.
16 8371. Machinery safety devices.
17 8372. Cause of action.
18 8373. Alternative remedies.
1 8374. Applicability of subchapter.
2 § 8371. Machinery safety devices.
3 It shall be unlawful to remove, disconnect, alter or cause to
4 have removed, disconnected or altered a warning, guard or other
5 safety device from any machine, tool or other implement located
6 in the workplace.
7 § 8372. Cause of action.
8 (a) General rule.--An employee who suffers an injury caused
9 in whole or in part by the removal of a warning, guard or other
10 safety device from machinery, tools or equipment used in the
11 workplace shall be eligible to bring an action against the
12 possessor or owner of the machinery, tools or equipment.
13 (b) Burden of proof.--In any action under subsection (a),
14 the injured employee shall have the burden of showing that the
15 possessor or owner knew or should have known of the removal of
16 the warning, guard or other safety device.
17 (c) Evidence of knowledge or complicity.--
18 (1) In an action for damages pursuant to this section,
19 evidence that the injured employee knew of the removal of the
20 warning, guard or other safety device shall not be
21 admissible.
22 (2) Evidence that the injured employee was responsible
23 for the removal of the warning, guard or other safety device
24 shall be admissible unless the trial court determines that
25 the injured employee's actions were at the direction of the
26 possessor or owner.
27 § 8373. Alternative remedies.
28 (a) General rule.--Where the possessor or owner of the
29 premises wherein the injury occurs is the employer of the
30 injured person, the injured individual shall have the option of
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1 either pursuing such remedies available pursuant to the act of
2 June 2, 1915 (P.L.736, No.338), known as The Pennsylvania
3 Workmen's Compensation Act, or bringing an action at law for
4 full damages without regard to the limitations and immunities of
5 The Pennsylvania Workmen's Compensation Act.
6 (b) Election of remedies.--An injured employee need make no
7 election of remedies hereby given until such time as the
8 employee's rights under both The Pennsylvania Workmen's
9 Compensation Act and under common law for damages have been
10 reduced to final judgment.
11 (c) Satisfaction of judgment.--Any benefits paid to the
12 injured employee pursuant to The Pennsylvania Workmen's
13 Compensation Act prior to the employee's election of a common
14 law remedy under section 8373(b) (relating to alternative
15 remedies) shall constitute a pro tanto satisfaction of any
16 judgment against the employer.
17 § 8374. Applicability of subchapter.
18 An action for damages against a possessor or owner of a
19 workplace who is also the employer of the injured person shall
20 be limited only to employers of 25 or more persons.
21 Section 2. This act shall take effect in 60 days.
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