Times Union - September 3, 2014, by Casey Seiler - SUNY's Nelson A. Rockefeller Institute of Government has released a second draft of its controversial report on New York's Scaffold Law. According to the Institute's Deputy Director for Operations Robert Bullock, it's the only remaining version of the report that was shared with the report's funder, the state Lawsuit Reform Alliance.

The business-backed group, which opposes Scaffold Law, paid $82,800 to fund the report — sponsorship that has led critics to attack the study as advocacy in the guise of research. Its authors, however, insist the research was conducted in good faith.

Scaffold 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 — a thesis backed up in part by the report. 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.

The Center for Popular Democracy, a labor-backed group that supports Scaffold Law, lambasted the report upon its release last winter and requested copies of all communications between the institute and the Lawsuit Reform Alliance. That FOIL request produced a series of emails between researchers and LRA Executive Director Tom Stebbins, including Stebbins' suggested edits to a June 25, 2013, draft copy of the report that was not initially released by the institute.

The center appealed to SUNY, which ultimately released the June 25 draft. A comparison of the draft and the final report suggested that some of Stebbins' suggestions were reflected in the final version. Researchers, however, said any changes were the result of their efforts to sharpen their analysis, and not made due to pressure from the funder.

The newly released draft, dated Aug. 7, 2013, closely resembles the final report.

The center's Josie Duffy claims the six-week gap between the first and second drafts suggests that the institute moved quickly to follow the alliance's edits.

"SUNY says it has now disclosed everything it has, but given that LRANY and the authors held weekly conference calls to discuss the report's progress, we may never know the full extent of their influence over the final version," she said.

In an email, Bullock said the institute "has been open and honest about its contacts with funders and its research has been and will continue to be immune from influence."

"It is unfortunate," he added, "that a research organization known throughout the nation for the quality and character of its work should have to defend itself from accusations leveled by the Center for Popular Democracy, an organization well known for its partisanship."

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