NY State Senate Bill 2019-S3314A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 15, 2020	amended by restoring to previous print 3314a
Feb 21, 2020	amend and recommit to codes
Jan 08, 2020	referred to codes
Jun 20, 2019	committed to rules
Jun 05, 2019	amended on third reading 3314a
Feb 21, 2020	print number 3314b
Mar 06, 2019	advanced to third reading
Mar 05, 2019	2nd report cal.
Mar 04, 2019	1st report cal.216
Feb 05, 2019	referred to codes

Votes

- Mar 4, 2019 - Codes Committee Vote
  S3314A
  
  Aye
  
  9
  
  Nay
  
  1
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Mar 4, 2019
      
      aye (9)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Gallivan
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (1)
      
      O'Mara
      
      aye wr (3)
      
      Akshar
      
      Boyle
      
      Lanza

Bill Amendments

Original

A (Active)

co-Sponsors

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2019-S3314 - Details

See Assembly Version of this Bill:: A4508
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4373, A2966, A10728
2021-2022: S621, A4947

2019-S3314 - Summary

Enacts Carlos' law; relates to crimes involving the death or injury of a worker; establishes higher fines for corporations who commit such crimes; establishes the crimes of endangering the welfare of a worker in the third, second and first degrees.

2019-S3314 - Sponsor Memo

                                
 
BILL NUMBER: S3314

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the penal law, in relation to crimes involving the death
or injury of a worker

 
PURPOSE:

This bill seeks to protect workers from employers and supervisors that
ignore, disregard or fail to comply with safety protocols by amending
the penal code to create a new Article 122 of the Penal Law - Workplace
Safety Offenses.

 
SUMMARY OF PROVISIONS:

§ 1 - amends section 20.20 of the penal law relating to criminal liabil-
ity of corporations by adding a new Article 122 of the penal law - work-
place safety offenses - endangering the welfare of a workers in the 1st,
2nd, or 3rd degree for which an agent of a corporation could be guilty.

§ 2 - amends section a and b of subdivision 1 of section 80.10 relating
to fines on corporation by adding fines for violations under new article
122 of the Penal law. For felony offenses, the fine may be up to
$50,000. For misdemeanors offenses the fine may be up to $25,000.

§ 3 - Creates a new Article 122 of the Penal Law - Workplace Safety
Offenses

§ 122.00 - endangering the welfare of a worker in the third degree - if
an employer or supervisor ignores, disregards or fails to comply with
workplace safety protocols or procedures; and that conduct exposes a
worker to bodily injury - punishable as a class A misdemeanor.

§ 122.05 - endangering the welfare of a worker in the second degree - if
an employer or supervisor ignores, disregards or fails to comply with
workplace safety protocols or procedures, and that conduct exposes a
worker to serious physical injury - punishable as a class E felony.

§ 122.10 - endangering the welfare of a worker in the first degree - if
an employer or supervisor ignores, disregards or fails to comply with
workplace safety protocols or procedures, and that contributes directly
to the death of a worker - punishable as a class D felony.

§ 4 - effective date of 30 days after signed into law

 
JUSTIFICATION:

Workplace deaths and serious injuries continue to be commonplace in the
construction industry. Of the more than 400,000 workplace fatalities
since Congress enacted the Occupational Safety and Health Act (OSHA),
fewer than 80 have been prosecuted, and only about a dozen lead to
convictions. That is roughly one conviction for every 33,000 fatalities.
In the few cases that have resulted in conviction, the penalty was only
$1,000 on average. Under the OSHA, the criminal penalty is a Class B
misdemeanor, and carries, at most, up to 6 months imprisonment. The
weakness of OSHA's punitive measures has therefore failed to encourage
safer work environments.
This bill would strengthen New York State's laws by creating a new Arti-
cle 122 of the Penal law of Workplace Safety Offenses increasing both
fines and penalties when an employer or supervisor ignores, disregards
or fails to comply with workplace safety protocols or procedures, and
that contributes directly to bodily injury, serious physical injury of
the death of a worker.

 
PRIOR LEGISLATIVE HISTORY:

2016 Session - New bill

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
30 days after being signed into law.

2019-S3314 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3314
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sens. SANDERS, BROOKS, KENNEDY, SAVINO -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes
 
 AN ACT to amend the penal law, in relation to crimes involving the death
   or injury of a worker
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Carlos' law".
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as  amended  by  chapter  671 of the laws of 1986, is amended to read as
 follows:
   (c) The conduct constituting the offense is engaged in by an agent  of
 the  corporation  while acting within the scope of his employment and in
 behalf of the corporation, and the offense is (i)  a  misdemeanor  or  a
 violation,  (ii)  one  defined  by  a  statute which clearly indicates a
 legislative intent to impose such criminal liability on  a  corporation,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one  of  the  environmental  conservation law, OR (IV) AN OFFENSE SET
 FORTH IN SECTION 120.05, 120.10, 122.05, 122.10, 122.15, 125.10, 125.11,
 125.15, 125.20,  125.21,  125.22,  125.25,  125.26  OR  125.27  OF  THIS
 CHAPTER.
   §  3.  Subdivision  5  of section 60.27 of the penal law is amended by
 adding a new paragraph (c) to read as follows:
   (C) IF AN EMPLOYER, PERSON ACTING IN A SUPERVISORY ROLE ON  BEHALF  OF
 AN  EMPLOYER,  OR  AS  AN  AGENT, WITH DELEGATED POWER, OF A PERSON IN A
 POSITION OF AUTHORITY  AND  RESPONSIBILITY  IS  CONVICTED  OF  VIOLATING
 SECTION  122.10  OR 122.15 OF THIS CHAPTER, THE COURT MAY ORDER RESTITU-
 TION OR REPARATION IN EXCESS OF THE AMOUNTS SPECIFIED IN PARAGRAPHS  (A)
 AND (B) OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05844-01-9

 S. 3314                             2
 
   §  4.  Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
 penal law, as amended by section 28 of subpart A of part H of chapter 55
 of the laws of 2014, are amended to read as follows:
   (a)  Ten  thousand  dollars,  when  the  conviction  is  of  a felony;
 PROVIDED, HOWEVER, THAT  WHEN  THE  CONVICTION  IS  OF  SECTION  120.05,
 120.10,  122.10, 122.15, 125.10, 125.11, 125.15, 125.20, 125.21, 125.22,
 125.25, 125.26 OR 125.27 OF THIS CHAPTER, SUCH FINE MAY BE  UP  TO  FIVE
 HUNDRED THOUSAND DOLLARS;
   (b)  Five thousand dollars, when the conviction is of a class A misde-
 meanor or of an unclassified misdemeanor for which a term  of  imprison-
 ment  in  excess  of three months is authorized; PROVIDED, HOWEVER, THAT
 WHEN THE CONVICTION IS OF SECTION 122.05 OF THIS CHAPTER, SUCH FINE  MAY
 BE UP TO THREE HUNDRED THOUSAND DOLLARS;
   §  5.  The penal law is amended by adding a new article 122 to read as
 follows:
 
                                ARTICLE 122
                             WORKPLACE SAFETY
 SECTION 122.00 DEFINITIONS.
         122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
         122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
         122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
 § 122.00 DEFINITIONS.
   FOR PURPOSES OF THIS ARTICLE:
   1. "WORKER" SHALL MEAN A PERSON WHO IS PAID, RECEIVES OR IS  OWED  ANY
 COMPENSATION,  WAGES  OR REMUNERATION FOR LABOR, WHETHER AS AN EMPLOYEE,
 CONSULTANT, INDEPENDENT CONTRACTOR OR OTHERWISE.
   2. "WORKPLACE" SHALL MEAN A PLACE OF WORK OR WORK  LOCATION,  WHERE  A
 WORKER  PERFORMS  WORK  RELATED  DUTIES,  THAT IS SUBJECT TO ONE OR MORE
 FEDERAL, STATE OR LOCAL LAWS, STANDARDS, RULES,  ORDERS  OR  REGULATIONS
 THAT  SETS  FORTH A SAFETY PROTOCOL OR PROCEDURE DESIGNED TO ASSURE SAFE
 AND HEALTHFUL WORKING CONDITIONS FOR WORKERS.
   3. "EMPLOYER" SHALL MEAN ANY PERSON, PARTNERSHIP, JOINT STOCK COMPANY,
 TRUST, CORPORATION, LIMITED LIABILITY COMPANY OR  ASSOCIATION  OR  OTHER
 BUSINESS  ENTITY  EMPLOYING  ANY INDIVIDUAL IN ANY OCCUPATION, INDUSTRY,
 TRADE, BUSINESS OR SERVICE AND SHALL ALSO MEAN AND INCLUDE  ANY  GENERAL
 CONTRACTOR,  SUBCONTRACTOR  OR  PERMIT  OR  LICENSE  HOLDER, INVOLVED OR
 FORMERLY INVOLVED, TO ANY DEGREE, IN THE PLANNING, CONTRACTING, DELIVERY
 OF GOODS OR SERVICES, THE HIRING OR SUPERVISING OF WORKERS, OR ANY SIMI-
 LAR ACTIVITY RELATING TO WORK AT A WORKPLACE.
   4. "REMUNERATION" SHALL MEAN COMMISSIONS,  BONUSES,  ANY  BENEFITS  IN
 LIEU  OF  CASH  WAGES,  REASONABLE  MONEY VALUE OF BOARD, RENT, HOUSING,
 LODGING, OR ANY SIMILAR BENEFIT.
 § 122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE THIRD
 DEGREE WHEN, BEING THE EMPLOYER OF A WORKER WORKING AT A WORKPLACE OR  A
 PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN EMPLOYER OF A WORKER
 WORKING  AT  A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE OR SHE
 EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY.
   ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE IS A  CLASS  A
 MISDEMEANOR.
 § 122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY  OF  ENDANGERING  THE WELFARE OF A WORKER IN THE
 SECOND DEGREE WHEN, BEING THE EMPLOYER OF A WORKER WORKING  AT  A  WORK-
 PLACE  OR A PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN EMPLOYER
 OF A WORKER WORKING AT A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE,

 S. 3314                             3
 
 HE OR SHE EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY  AND  THEREBY
 CAUSES SERIOUS PHYSICAL INJURY TO SUCH WORKER.
   ENDANGERING  THE WELFARE OF A WORKER IN THE SECOND DEGREE IS A CLASS E
 FELONY.
 § 122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE FIRST
 DEGREE WHEN, BEING THE EMPLOYER OF A WORKER WORKING AT A WORKPLACE OR  A
 PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN EMPLOYER OF A WORKER
 WORKING  AT  A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE OR SHE
 EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY AND THEREBY CAUSES  THE
 DEATH OF SUCH WORKER.
   ENDANGERING  THE  WELFARE OF A WORKER IN THE FIRST DEGREE IS A CLASS D
 FELONY.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2019-S3314A (ACTIVE) - Details

See Assembly Version of this Bill:: A4508
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4373, A2966, A10728
2021-2022: S621, A4947

2019-S3314A (ACTIVE) - Summary

2019-S3314A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3314A

SPONSOR: SANDERS
 
TITLE OF BILL:  An act to amend the penal law, in relation to crimes
involving the death or injury of a worker

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to protect workers from "supervisors" that negligently
fail to comply with safety protocols by amending the penal code to
created new offenses and substantially increasing the fines that can be
imposed upon a corporate defendant convicted of certain crimes.

 
SUMMARY OF PROVISIONS:

- Section one entitles this act as "Carlos' Law."

- Section two amends paragraph (c) of subdivision 2 of section 20.20 of
the penal law regarding corporate criminal liability.

- Section three amends subdivision five of section 60.27 of the penal

law by adding a new paragraph (c) to allow a court to order additional
restitution to victims.

- Section four amends paragraphs (a) and (b) of subdivision 1 of section
80.10 of the penal law to provide for increased fines against corpo-
rations convicted of certain crimes.

- Section five amends the penal law by adding a new article 122 titled
Workplace Safety. This new title contains a section on definitions,
section 122.00; a class A misdemeanor offense, endangering the welfare
of a worker in the third degree, section 122.05; a class E felony
offense, endangering the welfare of a worker in the second degree,
section 122.10; and a class D felony offense, endangering the welfare of
a worker in the first degree, section 122.15; section 122.20 enforce-
ment.

-Section 6 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The criminal actor in this article has been termed a supervisor. This is
a defined term that captures a host of individuals and entities which
exercise control over a job site. And, criminal jurisdiction has been
expanded. The attorney general, as well as the district attorney having
jurisdiction over the criminal conduct, may prosecute these offenses.

 
JUSTIFICATION:

Workplace deaths and serious injuries continue to be commonplace in the
construction industry. Of the more than 400,000 workplace fatalities
since Congress enacted the Occupational Safety and Health Act (OSH Act),
fewer than 80 have been prosecuted, and only about a dozen employers
have been convicted. That is roughly 1-conviction for every 33,000
fatalities. In the few cases that have resulted in conviction, the
penalty was only $1,000 on average. Under the OSH Act, the criminal
penalty is considered as a Class B misdemeanor, and carries, at most, up
to 6 months imprisonment. The weakness of OSH's punitive measures has
therefore failed to encourage safer work environments. This bill would
reinforce the purpose of the OSH Act by amending the penal code to
include "endangering the welfare of the worker in the third degree",
established as a class A misdemeanor, "endangering the welfare of the
worker in the second degree", a class E felony, and "endangering the
welfare of the worker in the first degree", a class D felony.

This bill increases punitive measures so that employers and supervisors
who ignore or fail to follow safety protocols and procedures and put
workers at risk are less likely to write off serious workplace injuries
as a minimal cost of doing business, and more likely to give workplace
safety the serious attention it requires.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.10728 (Espinal) - Passed Assembly;
2017: A.2966-B (Moya) Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2019-S3314A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3314--A
     Cal. No. 216
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by Sens. SANDERS, BROOKS, JACKSON, KENNEDY, SAVINO, SKOUFIS,
   STAVISKY -- read twice and ordered printed, and  when  printed  to  be
   committed  to  the  Committee on Codes -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the penal law, in relation to crimes involving the death
   or injury of a worker
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Carlos' law".
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as amended by chapter 671 of the laws of 1986, is  amended  to  read  as
 follows:
   (c)  The conduct constituting the offense is engaged in by an agent of
 the corporation while acting within the scope of his employment  and  in
 behalf  of  the  corporation,  and the offense is (i) a misdemeanor or a
 violation, (ii) one defined by  a  statute  which  clearly  indicates  a
 legislative  intent  to impose such criminal liability on a corporation,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one of the environmental conservation law, OR  (IV)  AN  OFFENSE  SET
 FORTH IN SECTION 120.05, 120.10, 122.05, 122.10, 122.15, 125.10, 125.11,
 125.15,  125.20,  125.21,  125.22,  125.25,  125.26  OR  125.27  OF THIS
 CHAPTER.
   § 3. Subdivision 5 of section 60.27 of the penal  law  is  amended  by
 adding a new paragraph (c) to read as follows:
   (C)  IF  AN EMPLOYER, PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF
 AN EMPLOYER, OR AS AN AGENT, WITH DELEGATED POWER,  OF  A  PERSON  IN  A
 POSITION  OF  AUTHORITY  AND  RESPONSIBILITY  IS  CONVICTED OF VIOLATING
 SECTION 122.10 OR 122.15 OF THIS CHAPTER, THE COURT MAY  ORDER  RESTITU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05844-03-9

 S. 3314--A                          2
 
 TION  OR REPARATION IN EXCESS OF THE AMOUNTS SPECIFIED IN PARAGRAPHS (A)
 AND (B) OF THIS SUBDIVISION.
   §  4.  Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
 penal law, as amended by section 28 of subpart A of part H of chapter 55
 of the laws of 2014, are amended to read as follows:
   (a) Ten  thousand  dollars,  when  the  conviction  is  of  a  felony;
 PROVIDED,  HOWEVER,  THAT  WHEN  THE  CONVICTION  IS  OF SECTION 120.05,
 120.10, 122.10, 122.15, 125.10, 125.11, 125.15, 125.20, 125.21,  125.22,
 125.25,  125.26  OR  125.27 OF THIS CHAPTER, SUCH FINE MAY BE UP TO FIVE
 HUNDRED THOUSAND DOLLARS;
   (b) Five thousand dollars, when the conviction is of a class A  misde-
 meanor  or  of an unclassified misdemeanor for which a term of imprison-
 ment in excess of three months is authorized;  PROVIDED,  HOWEVER,  THAT
 WHEN  THE CONVICTION IS OF SECTION 122.05 OF THIS CHAPTER, SUCH FINE MAY
 BE UP TO THREE HUNDRED THOUSAND DOLLARS;
   § 5. The penal law is amended by adding a new article 122 to  read  as
 follows:
 
                                ARTICLE 122
                             WORKPLACE SAFETY
 SECTION 122.00 DEFINITIONS.
         122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
         122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
         122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
         122.20 ENFORCEMENT.
 § 122.00 DEFINITIONS.
   FOR PURPOSES OF THIS ARTICLE:
   1.  "WORKER"  SHALL MEAN A PERSON WHO IS PAID, RECEIVES OR IS OWED ANY
 COMPENSATION, WAGES OR REMUNERATION FOR LABOR, WHETHER AS  AN  EMPLOYEE,
 CONSULTANT, INDEPENDENT CONTRACTOR OR OTHERWISE.
   2.  "WORKPLACE"  SHALL  MEAN A PLACE OF WORK OR WORK LOCATION, WHERE A
 WORKER PERFORMS WORK RELATED DUTIES, THAT IS  SUBJECT  TO  ONE  OR  MORE
 FEDERAL,  STATE  OR  LOCAL LAWS, STANDARDS, RULES, ORDERS OR REGULATIONS
 THAT SETS FORTH A SAFETY PROTOCOL OR PROCEDURE DESIGNED TO  ASSURE  SAFE
 AND HEALTHFUL WORKING CONDITIONS FOR WORKERS.
   3.  "SUPERVISOR"  SHALL  MEAN  ANY  PERSON, PARTNERSHIP, LABOR BROKER,
 GENERAL CONTRACTOR, JOINT STOCK  COMPANY,  TRUST,  CORPORATION,  LIMITED
 LIABILITY  COMPANY OR ASSOCIATION OR OTHER BUSINESS ENTITY EMPLOYING ANY
 INDIVIDUAL IN ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR  SERVICE  AND
 SHALL ALSO MEAN AND INCLUDE ANY SUBCONTRACTOR OR PERMIT OR LICENSE HOLD-
 ER,  INVOLVED  OR  FORMERLY  INVOLVED,  TO  ANY DEGREE, IN THE PLANNING,
 CONTRACTING, DELIVERY OF GOODS OR SERVICES, THE HIRING OR SUPERVISING OF
 WORKERS, OR ANY SIMILAR ACTIVITY THAT EXERCISES CONTROL  OVER  PERSONNEL
 AND/OR THE JOB SITE.
   4.  "REMUNERATION"  SHALL  MEAN  COMMISSIONS, BONUSES, ANY BENEFITS IN
 LIEU OF CASH WAGES, REASONABLE MONEY  VALUE  OF  BOARD,  RENT,  HOUSING,
 LODGING, OR ANY SIMILAR BENEFIT.
 § 122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE THIRD
 DEGREE WHEN, BEING THE SUPERVISOR OF A WORKER WORKING AT A JOB SITE OR A
 PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF A SUPERVISOR OF A WORK-
 ER WORKING AT A JOB SITE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE OR SHE
 EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY.
   ENDANGERING  THE  WELFARE OF A WORKER IN THE THIRD DEGREE IS A CLASS A
 MISDEMEANOR.
 § 122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.

 S. 3314--A                          3
 
   A PERSON IS GUILTY OF ENDANGERING THE  WELFARE  OF  A  WORKER  IN  THE
 SECOND  DEGREE  WHEN,  BEING THE SUPERVISOR OF A WORKER WORKING AT A JOB
 SITE OR A PERSON ACTING ON BEHALF OF A SUPERVISOR OF A WORKER WORKING AT
 A JOB SITE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE OR SHE EXPOSES  SUCH
 WORKER  TO A RISK OF PHYSICAL INJURY AND THEREBY CAUSES SERIOUS PHYSICAL
 INJURY TO SUCH WORKER.
   ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE IS A CLASS  E
 FELONY.
 § 122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE FIRST
 DEGREE WHEN, BEING THE SUPERVISOR OF A WORKER WORKING AT A JOB SITE OR A
 PERSON  ACTING  ON  BEHALF  OF A SUPERVISOR OF A WORKER WORKING AT A JOB
 SITE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE OR SHE EXPOSES SUCH WORKER
 TO A RISK OF PHYSICAL INJURY AND THEREBY CAUSES THE DEATH OF SUCH  WORK-
 ER.
   ENDANGERING  THE  WELFARE OF A WORKER IN THE FIRST DEGREE IS A CLASS D
 FELONY.
 § 122.20 ENFORCEMENT.
   THE ATTORNEY GENERAL, ALONG WITH THE DISTRICT ATTORNEY OF  THE  COUNTY
 IN WHICH THE OFFENSE WAS COMMITTED, SHALL HAVE JURISDICTION TO PROSECUTE
 THE OFFENSES CONTAINED IN THIS ARTICLE.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2019-S3314B - Details

See Assembly Version of this Bill:: A4508
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4373, A2966, A10728
2021-2022: S621, A4947

2019-S3314B - Summary

2019-S3314B - Sponsor Memo

                                
 
BILL NUMBER: S3314b

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the penal law, in relation to crimes involving the death
or injury of a worker

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to protect workers from "supervisors" that recklessly
fail to comply with safety protocols by amending the penal code to
create new offenses and substantially increasing the fines that can be
imposed upon a corporate defendant convicted of certain crimes.

 
SUMMARY OF PROVISIONS:

-Section one entitles this act as "Carlos' Law."

-Section two amends paragraph ® of subdivision 2 of section 20.20 of the
penal law regarding corporate criminal liability.

-Section three amends subdivision (a) and (b) of subdivision 1 of
section 80.10 of the penal law to provide for increased fines against
corporations convicted of certain crimes.

Section five amends the penal law by adding a new article 122 titled
Workplace Safety. The new title contains a section on definitions,
section 122.00; a class A misdemeanor offense, endangering the welfare
of a worker in the third degree, section 122,05; a class E felony
offense, endangering the welfare of a worker in the second degree,
section 122.10; and a class D felony offense, endangering the welfare of
a worker in the first degree, section 122.15; section 122.20 enforce-
ment.

-Section 6 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The criminal actor in this article has been termed a supervisor. This is
a defined term that captures a host of individuals and entities which
exercise control over a job site. The criminal jurisdiction has been
expanded. The attorney general attorney, as well as the district attor-
ney having jurisdiction over the criminal conduct, may prosecute
offenses that are reckless.

 
JUSTIFICATION:

Workforce deaths and serious injuries continue to be commonplace in the
construction industry. Of the more than 400,000 workplace fatalities
since Congress enacted the Occupational Safety and Health Act (OSC Act)
fewer than 80 have been prosecuted, and only about a dozen employers
have been convicted. That is roughly 1-conviction for every 33,000
fatalities. In the few cases that have resulted in conviction, the
penalty was $1,000.00 on average. Under the OSH Act the criminal is
conside5red as a Class B misdemeanor, and carries, at most, up to 6
months imprisonment. The weakness of OSH's punitive measures have there-
fore failed to encourage safer work environments.  This bill would rein-
force the purpose of the OSH Act by amending the penal code to include
"endangering the welfare of the worker in the third degree", established
as a class A misdemeanor, "Endangering the welfare of a worker in the
second degree, a class E felony, and "endangering the welfare of the
worker in the first degree, a class D felony.

This bill increases punitive measures so that employers and supervisors
who ignore or fail to follow safety protocols and procedures and put
workers at risk are less likely to write off serious workplace injuries
as a minimal cost of doing business, and more likely to give workplace
the serious attention it requires.

 
PRIOR LEGISLATIVE HISTORY:

2019: S.3314-A Third Reading
2019: A.4508-A Third Reading
2018: S.4373-B Referred to Codes
2018: A.1072-B Passed Assembly
2017: S.4373-B Referred to Codes
2017: A.2966 Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2019-S3314B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3314--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by Sens. SANDERS, ADDABBO, BROOKS, GOUNARDES, HOYLMAN, JACK-
   SON, KAPLAN, KENNEDY, KRUEGER, PARKER, RIVERA, SAVINO, SKOUFIS, STAVI-
   SKY, THOMAS -- read twice and ordered printed, and when printed to  be
   committed  to  the  Committee on Codes -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading -- recommitted to the  Committee  on  Codes  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the penal law, in relation to crimes involving the death
   or injury of a worker
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Carlos' law".
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as  amended  by  chapter  671 of the laws of 1986, is amended to read as
 follows:
   (c) The conduct constituting the offense is engaged in by an agent  of
 the  corporation  while acting within the scope of his employment and in
 behalf of the corporation, and the offense is (i)  a  misdemeanor  or  a
 violation,  (ii)  one  defined  by  a  statute which clearly indicates a
 legislative intent to impose such criminal liability on  a  corporation,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one  of  the  environmental  conservation law, OR (IV) AN OFFENSE SET
 FORTH IN SECTION 120.05, 120.10, 122.05, 122.10, 122.15, 125.10, 125.11,
 125.15, 125.20,  125.21,  125.22,  125.25,  125.26  OR  125.27  OF  THIS
 CHAPTER.
   §  3.  Subdivision  5  of section 60.27 of the penal law is amended by
 adding a new paragraph (c) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05844-04-0

 S. 3314--B                          2
 
   (C) IF AN EMPLOYER, PERSON ACTING IN A SUPERVISORY ROLE ON  BEHALF  OF
 AN  EMPLOYER,  OR  AS  AN  AGENT, WITH DELEGATED POWER, OF A PERSON IN A
 POSITION OF AUTHORITY  AND  RESPONSIBILITY  IS  CONVICTED  OF  VIOLATING
 SECTION  122.10  OR 122.15 OF THIS CHAPTER, THE COURT MAY ORDER RESTITU-
 TION  OR REPARATION IN EXCESS OF THE AMOUNTS SPECIFIED IN PARAGRAPHS (A)
 AND (B) OF THIS SUBDIVISION.
   § 4. Paragraphs (a) and (b) of subdivision 1 of section 80.10  of  the
 penal law, as amended by section 28 of subpart A of part H of chapter 55
 of the laws of 2014, are amended to read as follows:
   (a)  Ten  thousand  dollars,  when  the  conviction  is  of  a felony;
 PROVIDED, HOWEVER, THAT  WHEN  THE  CONVICTION  IS  OF  SECTION  120.05,
 120.10,  122.10, 122.15, 125.10, 125.11, 125.15, 125.20, 125.21, 125.22,
 125.25, 125.26 OR 125.27 OF THIS CHAPTER, SUCH FINE MAY BE  UP  TO  FIVE
 HUNDRED THOUSAND DOLLARS;
   (b)  Five thousand dollars, when the conviction is of a class A misde-
 meanor or of an unclassified misdemeanor for which a term  of  imprison-
 ment  in  excess  of three months is authorized; PROVIDED, HOWEVER, THAT
 WHEN THE CONVICTION IS OF SECTION 122.05 OF THIS CHAPTER, SUCH FINE  MAY
 BE UP TO THREE HUNDRED THOUSAND DOLLARS;
   §  5.  The penal law is amended by adding a new article 122 to read as
 follows:

                                ARTICLE 122
                             WORKPLACE SAFETY
 SECTION 122.00 DEFINITIONS.
         122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
         122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
         122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
         122.20 ENFORCEMENT.
 § 122.00 DEFINITIONS.
   FOR PURPOSES OF THIS ARTICLE:
   1. "WORKER" SHALL MEAN A PERSON WHO IS PAID, RECEIVES OR IS  OWED  ANY
 COMPENSATION,  WAGES  OR REMUNERATION FOR LABOR, WHETHER AS AN EMPLOYEE,
 CONSULTANT, INDEPENDENT CONTRACTOR OR OTHERWISE.
   2. "WORKPLACE" SHALL MEAN A PLACE OF WORK OR WORK  LOCATION,  WHERE  A
 WORKER  PERFORMS  WORK  RELATED  DUTIES,  THAT IS SUBJECT TO ONE OR MORE
 FEDERAL, STATE OR LOCAL LAWS, STANDARDS, RULES,  ORDERS  OR  REGULATIONS
 THAT  SETS  FORTH A SAFETY PROTOCOL OR PROCEDURE DESIGNED TO ASSURE SAFE
 AND HEALTHFUL WORKING CONDITIONS FOR WORKERS.
   3. "SUPERVISOR" SHALL MEAN  ANY  PERSON,  PARTNERSHIP,  LABOR  BROKER,
 GENERAL  CONTRACTOR,  JOINT  STOCK  COMPANY, TRUST, CORPORATION, LIMITED
 LIABILITY COMPANY OR ASSOCIATION OR OTHER BUSINESS ENTITY EMPLOYING  ANY
 INDIVIDUAL  IN  ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE AND
 SHALL ALSO MEAN AND INCLUDE ANY SUBCONTRACTOR OR PERMIT OR LICENSE HOLD-
 ER, INVOLVED OR FORMERLY INVOLVED,  TO  ANY  DEGREE,  IN  THE  PLANNING,
 CONTRACTING, DELIVERY OF GOODS OR SERVICES, THE HIRING OR SUPERVISING OF
 WORKERS,  OR  ANY SIMILAR ACTIVITY THAT EXERCISES CONTROL OVER PERSONNEL
 AND/OR THE JOB SITE.
   4. "REMUNERATION" SHALL MEAN COMMISSIONS,  BONUSES,  ANY  BENEFITS  IN
 LIEU  OF  CASH  WAGES,  REASONABLE  MONEY VALUE OF BOARD, RENT, HOUSING,
 LODGING, OR ANY SIMILAR BENEFIT.
 § 122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE THIRD
 DEGREE WHEN, BEING THE SUPERVISOR OF A WORKER WORKING AT A JOB SITE OR A
 PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF A SUPERVISOR OF A WORK-

 S. 3314--B                          3

 ER WORKING AT A JOB SITE, RECKLESSLY EXPOSES SUCH WORKER TO  A  RISK  OF
 PHYSICAL INJURY.
   ENDANGERING  THE  WELFARE OF A WORKER IN THE THIRD DEGREE IS A CLASS A
 MISDEMEANOR.
 § 122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE  WELFARE  OF  A  WORKER  IN  THE
 SECOND  DEGREE  WHEN,  BEING THE SUPERVISOR OF A WORKER WORKING AT A JOB
 SITE OR A PERSON ACTING ON BEHALF OF A SUPERVISOR OF A WORKER WORKING AT
 A JOB SITE, RECKLESSLY EXPOSES SUCH WORKER TO A RISK OF PHYSICAL  INJURY
 AND THEREBY CAUSES SERIOUS PHYSICAL INJURY TO SUCH WORKER.
   ENDANGERING  THE WELFARE OF A WORKER IN THE SECOND DEGREE IS A CLASS E
 FELONY.
 § 122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE FIRST
 DEGREE WHEN, BEING THE SUPERVISOR OF A WORKER WORKING AT A JOB SITE OR A
 PERSON ACTING ON BEHALF OF A SUPERVISOR OF A WORKER  WORKING  AT  A  JOB
 SITE,  RECKLESSLY  EXPOSES  SUCH WORKER TO A RISK OF PHYSICAL INJURY AND
 THEREBY CAUSES THE DEATH OF SUCH WORKER.
   ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE IS A  CLASS  D
 FELONY.
 § 122.20 ENFORCEMENT.
   THE  ATTORNEY  GENERAL, ALONG WITH THE DISTRICT ATTORNEY OF THE COUNTY
 IN WHICH THE OFFENSE WAS COMMITTED, SHALL HAVE JURISDICTION TO PROSECUTE
 THE OFFENSES CONTAINED IN THIS ARTICLE.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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