Times Union - August 21, 2014, by Casey Seiler - The Center for Popular Democracy, a labor-backed advocacy group that supports New York's controversial Scaffold Law, wants to see all the drafts of a controversial report authored by SUNY's Nelson A. Rockefeller Institute of Government and paid for by the Lawsuit Reform Alliance, a business-backed organization that opposes Scaffold Law.

The Alliance paid almost $83,000 for the Institute's analysis of the law's economic impacts. That report, made public in February, has been the subject of fierce debate — over both the details of the study as well as larger issues of academic integrity. The Rockefeller Institute, which insists its work was done with independence and integrity, subsequently backed away from the most controversial chapter of the report, which included a statistical analysis that concluded gravity-related accidents fell in Illinois after the state ditched its version.

The law, which places "absolute liability" on employers for gravity-related workplace injuries, is supported by labor unions but opposed by business groups that claim it needlessly drives up construction costs. Opponents would like to see New York follow other states by adopting a "comparative negligence" standard that would make workers proportionately responsible when their actions contribute to an accident.

An initial Freedom of Information Law request from the Center for Popular Democracy resulted in SUNY's release of email communications between Rockefeller Institute researchers and Tom Stebbins of the Lawsuit Reform Alliance — contact that was required by the contract for the report.

On appeal, SUNY released an initial draft copy of the report that had been attached to one of those emails. The Times Union last week offered a side-by-side comparison of the draft and final versions. Changes between the two tended to increase the report's toll of the cost and impact of the law, though the researchers argue those edits represented good-faith efforts to seek the best data. The Center is now requesting to see all interim drafts of the report submitted to the Lawsuit Reform Alliance for review. "Given that the anti-worker groups behind this debunked report are still trying to use its flawed findings to weaken New York's safety laws, SUNY should release all of the drafts that we know exist," said Josie Duffy, a policy advocate with the group.

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