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S08828 Summary:

S08828 Actions:

S08828 Committee Votes:

S08828 Floor Votes:

S08828 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8828
 
                    IN SENATE
 
                                      July 20, 2020
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the labor law, in relation to establishing a registry of
          workplace fatalities in the construction industry to  record  informa-
          tion  pertaining  to  all incidents under which an employee performing
          construction work suffers a work-related fatal injury

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The labor law is amended by adding a new section 44 to read
     2  as follows:
     3    §  44.  Workplace  fatality  registry;  construction. 1. Registry. The
     4  department shall create and maintain a registry of workplace  fatalities
     5  in  the construction industry, which shall include information regarding
     6  all incidents under  which  an  employee  performing  construction  work
     7  suffers  a  work-related  fatal  injury in the workplace.  Such registry
     8  shall include the information reported to  the  department  pursuant  to
     9  subdivisions three and four of this section, in addition to any informa-
    10  tion  deemed  pertinent  by the commissioner as a result of any investi-
    11  gation, hearing, or other proceedings of the department.
    12    2. Definitions. For the purposes of this section:
    13    a. "Employee" shall include, but not be limited to, direct  employees,
    14  contracted  employees, subcontracted employees, independent contractors,
    15  temporary or contingency workers, apprentices, interns,  volunteers,  or
    16  any  other persons who perform duties at the direction and discretion of
    17  an employer or who provide services pursuant to a contract in the  work-
    18  place.
    19    b.  "Employer" shall include a direct employer, contractor, or subcon-
    20  tractor. In the absence of a formal hiring  agreement,  the  person  who
    21  directs or provides compensation to the employee shall be considered the
    22  employer unless such person is also directed and compensated by another.
    23  In  such  cases,  the  persons  successively  above  the employee in the
    24  employment chain shall be considered the employer. In  the  instance  of
    25  the death of an intern or volunteer, the entity directing such intern or
    26  volunteer in his or her duties as such shall be considered the employer.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09276-09-0
        S. 8828                             2

     1    c.  "Workplace"  shall  include,  but  not be limited to, any location
     2  where an employee performs any work-related duty in the course of his or
     3  her employment, or any other site where the employee may be as a  result
     4  of employer direction.
     5    d.  "Construction"  shall  include,  but  not  be limited to, any work
     6  involving the construction, reconstruction, alteration,  rehabilitation,
     7  repair,  renovation, demolition, or installation of any building, struc-
     8  ture, or improvement, or in relation  to  the  excavation  of  or  other
     9  development or improvement to any land.
    10    3.  Seventy-two-hour reports. a. Each county coroner, medical examiner
    11  or other authorized official whose role  is  to  register  deaths,  when
    12  making  the  determination  as  to  the cause and manner of death, shall
    13  determine whether such death was the  result  of  a  work-related  fatal
    14  injury  in the workplace and report all such workplace fatalities in the
    15  construction industry to the department within seventy-two hours of such
    16  determination.
    17    b. Information to be reported within seventy-two hours shall  include,
    18  but not be limited to:
    19    (i) the name of the employee;
    20    (ii) the age of the employee;
    21    (iii) the cause of death;
    22    (iv) the manner of death;
    23    (v) the location of death;
    24    (vi) the name of the employer;
    25    (vii) the business address of the employer;
    26    (viii) the name of the official or medical personnel making the decla-
    27  ration of death;
    28    (ix)  the name of the person or persons charged with making the deter-
    29  mination of the cause and manner of death; and
    30    (x) contact information for the  office  making  notification  to  the
    31  department,  including  contact  information  for  the person or persons
    32  making the declaration of death, the person or persons  determining  the
    33  cause  of  death,  and  the  person or persons determining the manner of
    34  death.
    35    4. Ninety-day reports. a.  Upon receiving a report pursuant to  subdi-
    36  vision  three  of this section, the department shall notify the employer
    37  that such death was determined to be the result of a work-related  fatal
    38  injury  in  the workplace and shall require the employer to submit addi-
    39  tional information regarding such workplace fatality. The employer shall
    40  provide such information to the department no  later  than  ninety  days
    41  after receiving such notification.
    42    b.  Information  to  be reported within ninety days shall include, but
    43  not be limited to:
    44    (i) the name of the employer;
    45    (ii) the business address of the employer;
    46    (iii) the stated business purpose or industry of the employer;
    47    (iv) the name and age of the employee;
    48    (v) the ethnicity of the employee;
    49    (vi) the nationality of the employee;
    50    (vii) the immigration status of the employee, if known;
    51    (viii) the craft, trade or occupation of the employee; and
    52    (ix) the union status of the employee.
    53    5. Investigation. The department in its jurisdiction may also:
    54    a. conduct an investigation into any work-related fatal injury in  the
    55  workplace involving an employee performing construction work;
        S. 8828                             3
 
     1    b. request additional information from an employer in relation to such
     2  employee or such workplace fatality; and
     3    c.  request  information  as to whether criminal or civil charges have
     4  been filed against the employer in the death of the employee, including:
     5    (i) the details of such criminal or civil charges including the charg-
     6  ing officer or agency; and
     7    (ii) the actual criminal or civil charge or charges.
     8    6. Reporting  system.  The  department  shall  establish  a  telephone
     9  reporting system for the information required to be reported pursuant to
    10  subdivisions  three and four of this section.  The department shall also
    11  establish an online electronic  information  reporting  system  for  the
    12  information  required  to  be  reported  pursuant to this section within
    13  twelve months of the effective date of this section.
    14    7. Failure to report. Failure by any employer to report  the  informa-
    15  tion required pursuant to subdivision four of this section within ninety
    16  days of notification by the department that such death was the result of
    17  a  work-related fatal injury in the workplace shall be subject to a fine
    18  of not less than one thousand dollars nor more than  two  thousand  five
    19  hundred dollars per failure to make such report.
    20    8. Accessibility of registry. The department shall establish and main-
    21  tain  an  online  database  to  make  available all information and data
    22  regarding all workplace fatalities in the construction industry reported
    23  to the registry pursuant to this  section.  Such  information  shall  be
    24  provided  in  the  aggregate  and shall be electronically accessible and
    25  searchable to the public, provided however, that in no  event  shall  an
    26  employee's name or other personal identifying information be included in
    27  such  database. The department shall update the database with the infor-
    28  mation reported to the registry pursuant to  this  section  within  five
    29  business days of the receipt of such reports by the department.
    30    § 2. This act shall take effect on the one hundred twentieth day after
    31  it shall have become a law; provided, however, that any death subject to
    32  the provisions of this act that occurs on or after the day on which this
    33  act shall have become a law shall be subject to the reporting provisions
    34  of  this  act and shall be reported within thirty days after such death.
    35  Effective immediately, the addition, amendment and/or repeal of any rule
    36  or regulation necessary for the implementation of this act on its effec-
    37  tive date are authorized to be made and  completed  on  or  before  such
    38  effective date.