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



As used in this section, the terms:



(1)  "Labor organization" means any
organization which exists and is constituted for the purposes, in whole or in
part, of collective bargaining or dealing with employers, concerning
grievances, terms, or conditions of employment, or of other mutual aid or
protection and includes both private industry and public employment labor
organizations.



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



(b)  No construction design professional who is
retained to perform professional services on a construction project or any
employee of a construction design professional who is assisting or representing
the construction design professional in the performance of professional
services on the site of the construction project shall be liable for any injury
on the construction project resulting from the employer's failure to comply
with safety standards on the construction project for which compensation is
recoverable under this chapter unless the responsibility for the compliance of
safety practices is specifically assumed by contract or by other conduct of the
construction design professional or any employee of the construction design
professional who is assisting or representing the construction design
professional in the performance of professional services on the site of the
construction project.  The limitation of liability provided by this subsection
to any construction design professional shall not apply to the negligent
preparation of design plans or specifications. [L 1980, c 100, §2; am L 1989, c
300, §3; am L 1992, c 275, §3]