§386-8.5  Limits of third party liability. (a)  Section 386-8 and any other law to the contrary notwithstanding, when awork injury for which compensation is payable under this chapter has beensustained, the discussion or furnishing of, or failure to discuss or furnish,or failure to enforce any safety, health, or personal conduct provision toprotect employees against work injuries, in any collective bargaining agreementor in negotiations thereon, shall not subject a labor organization representingthe injured employee to any civil liability for the injury.

As used in this section, the terms:

(1)  "Labor organization" means anyorganization which exists and is constituted for the purposes, in whole or inpart, of collective bargaining or dealing with employers, concerninggrievances, terms, or conditions of employment, or of other mutual aid orprotection and includes both private industry and public employment labororganizations.

(2)  "Safety provision" includes, but is notlimited to, safety inspections and advisory services; "healthprovision" includes, but is not limited to, health inspections andadvisory services; "personal conduct provision" includes, but is notlimited to, contractual language covering sexual harassment or assault andrelated infliction of emotional distress or invasion of privacy.

(b)  No construction design professional who isretained to perform professional services on a construction project or anyemployee of a construction design professional who is assisting or representingthe construction design professional in the performance of professionalservices on the site of the construction project shall be liable for any injuryon the construction project resulting from the employer's failure to complywith safety standards on the construction project for which compensation isrecoverable under this chapter unless the responsibility for the compliance ofsafety practices is specifically assumed by contract or by other conduct of theconstruction design professional or any employee of the construction designprofessional who is assisting or representing the construction designprofessional in the performance of professional services on the site of theconstruction project.  The limitation of liability provided by this subsectionto any construction design professional shall not apply to the negligentpreparation of design plans or specifications. [L 1980, c 100, §2; am L 1989, c300, §3; am L 1992, c 275, §3]