Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 23, 2020 |
approval memo.68 signed chap.375 |
Dec 11, 2020 |
delivered to governor |
Jul 23, 2020 |
returned to senate passed assembly ordered to third reading rules cal.302 substituted for a5965a referred to codes delivered to assembly passed senate ordered to third reading cal.1027 |
Jul 20, 2020 |
referred to rules |
Senate Bill S8828
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D, WF) 13th Senate District
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
2019-S8828 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5965
- Law Section:
- Labor Law
- Laws Affected:
- Add §44, Lab L
2019-S8828 (ACTIVE) - Summary
Establishes a registry of workplace fatalities to record information pertaining to all incidents under which an employee suffers a fatal injury; requires the filing of 72-hour and 90-day reports pertaining to such workplace fatalities and requires the department of labor to publish such reports on the department's website.
2019-S8828 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8828 SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to establishing a registry of workplace fatalities in the construction industry to record information pertaining to all incidents under which an employee performing construction work suffers a work-related fatal injury PURPOSE OR GENERAL IDEA OF THE BILL: New York has always been a state that respects and prizes the workforce. Proactive measures that protect workers' health and safety have histor- ically been a hallmark of our state's agenda. However, without accurate data, it is difficult to fulfill that agenda. There is little informa- tion on workplace fatalities throughout New York, and what information exists is often anecdotal or skewed by local policies. SUMMARY OF PROVISIONS:
2019-S8828 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8828 I N S E N A T E 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: Section 1. The labor law is amended by adding a new section 44 to read as follows: § 44. WORKPLACE FATALITY REGISTRY; CONSTRUCTION. 1. REGISTRY. THE DEPARTMENT SHALL CREATE AND MAINTAIN A REGISTRY OF WORKPLACE FATALITIES IN THE CONSTRUCTION INDUSTRY, WHICH SHALL INCLUDE INFORMATION REGARDING ALL INCIDENTS UNDER WHICH AN EMPLOYEE PERFORMING CONSTRUCTION WORK SUFFERS A WORK-RELATED FATAL INJURY IN THE WORKPLACE. SUCH REGISTRY SHALL INCLUDE THE INFORMATION REPORTED TO THE DEPARTMENT PURSUANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION, IN ADDITION TO ANY INFORMA- TION DEEMED PERTINENT BY THE COMMISSIONER AS A RESULT OF ANY INVESTI- GATION, HEARING, OR OTHER PROCEEDINGS OF THE DEPARTMENT. 2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: A. "EMPLOYEE" SHALL INCLUDE, BUT NOT BE LIMITED TO, DIRECT EMPLOYEES, CONTRACTED EMPLOYEES, SUBCONTRACTED EMPLOYEES, INDEPENDENT CONTRACTORS, TEMPORARY OR CONTINGENCY WORKERS, APPRENTICES, INTERNS, VOLUNTEERS, OR ANY OTHER PERSONS WHO PERFORM DUTIES AT THE DIRECTION AND DISCRETION OF AN EMPLOYER OR WHO PROVIDE SERVICES PURSUANT TO A CONTRACT IN THE WORK- PLACE. B. "EMPLOYER" SHALL INCLUDE A DIRECT EMPLOYER, CONTRACTOR, OR SUBCON- TRACTOR. IN THE ABSENCE OF A FORMAL HIRING AGREEMENT, THE PERSON WHO DIRECTS OR PROVIDES COMPENSATION TO THE EMPLOYEE SHALL BE CONSIDERED THE EMPLOYER UNLESS SUCH PERSON IS ALSO DIRECTED AND COMPENSATED BY ANOTHER. IN SUCH CASES, THE PERSONS SUCCESSIVELY ABOVE THE EMPLOYEE IN THE EMPLOYMENT CHAIN SHALL BE CONSIDERED THE EMPLOYER. IN THE INSTANCE OF THE DEATH OF AN INTERN OR VOLUNTEER, THE ENTITY DIRECTING SUCH INTERN OR VOLUNTEER IN HIS OR HER DUTIES AS SUCH SHALL BE CONSIDERED THE EMPLOYER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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