S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5965--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by M. of A. DE LA ROSA, COLTON, ARROYO, TAYLOR, REYES, McDO-
   NOUGH, ROZIC, EPSTEIN, SEAWRIGHT, CRUZ, BUCHWALD, BENEDETTO, BARNWELL,
   DenDEKKER, RICHARDSON, LENTOL, MOSLEY,  DeSTEFANO,  BARRON,  JACOBSON,
   DARLING, L. ROSENTHAL, ENGLEBRIGHT, SIMOTAS, BYRNE, BRABENEC, McMAHON,
   WALLACE,  SIMON, LUPARDO, ABINANTI, JAFFEE, SCHMITT -- Multi-Sponsored
   by -- M. of A. DINOWITZ -- read once and referred to the Committee  on
   Labor  --  recommitted  to  the  Committee on Labor in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09276-08-0

 A. 5965--A                          2
 
 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.
   C.  "WORKPLACE"  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, ANY LOCATION
 WHERE AN EMPLOYEE PERFORMS ANY WORK-RELATED DUTY IN THE COURSE OF HIS OR
 HER EMPLOYMENT, OR ANY OTHER SITE WHERE THE EMPLOYEE MAY BE AS A  RESULT
 OF EMPLOYER DIRECTION.
   D.  "CONSTRUCTION"  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, ANY WORK
 INVOLVING THE CONSTRUCTION, RECONSTRUCTION, ALTERATION,  REHABILITATION,
 REPAIR,  RENOVATION, DEMOLITION, OR INSTALLATION OF ANY BUILDING, STRUC-
 TURE, OR IMPROVEMENT, OR IN RELATION  TO  THE  EXCAVATION  OF  OR  OTHER
 DEVELOPMENT OR IMPROVEMENT TO ANY LAND.
   3.  SEVENTY-TWO-HOUR REPORTS. A. EACH COUNTY CORONER, MEDICAL EXAMINER
 OR OTHER AUTHORIZED OFFICIAL WHOSE ROLE  IS  TO  REGISTER  DEATHS,  WHEN
 MAKING  THE  DETERMINATION  AS  TO  THE CAUSE AND MANNER OF DEATH, SHALL
 DETERMINE WHETHER SUCH DEATH WAS THE  RESULT  OF  A  WORK-RELATED  FATAL
 INJURY  IN THE WORKPLACE AND REPORT ALL SUCH WORKPLACE FATALITIES IN THE
 CONSTRUCTION INDUSTRY TO THE DEPARTMENT WITHIN SEVENTY-TWO HOURS OF SUCH
 DETERMINATION.
   B. INFORMATION TO BE REPORTED WITHIN SEVENTY-TWO HOURS SHALL  INCLUDE,
 BUT NOT BE LIMITED TO:
   (I) THE NAME OF THE EMPLOYEE;
   (II) THE AGE OF THE EMPLOYEE;
   (III) THE CAUSE OF DEATH;
   (IV) THE MANNER OF DEATH;
   (V) THE LOCATION OF DEATH;
   (VI) THE NAME OF THE EMPLOYER;
   (VII) THE BUSINESS ADDRESS OF THE EMPLOYER;
   (VIII) THE NAME OF THE OFFICIAL OR MEDICAL PERSONNEL MAKING THE DECLA-
 RATION OF DEATH;
   (IX)  THE NAME OF THE PERSON OR PERSONS CHARGED WITH MAKING THE DETER-
 MINATION OF THE CAUSE AND MANNER OF DEATH; AND
   (X) CONTACT INFORMATION FOR THE  OFFICE  MAKING  NOTIFICATION  TO  THE
 DEPARTMENT,  INCLUDING  CONTACT  INFORMATION  FOR  THE PERSON OR PERSONS
 MAKING THE DECLARATION OF DEATH, THE PERSON OR PERSONS  DETERMINING  THE
 CAUSE  OF  DEATH,  AND  THE  PERSON OR PERSONS DETERMINING THE MANNER OF
 DEATH.
   4. NINETY-DAY REPORTS. A.  UPON RECEIVING A REPORT PURSUANT TO  SUBDI-
 VISION  THREE  OF THIS SECTION, THE DEPARTMENT SHALL NOTIFY THE EMPLOYER
 THAT SUCH DEATH WAS DETERMINED TO BE THE RESULT OF A WORK-RELATED  FATAL
 INJURY  IN  THE WORKPLACE AND SHALL REQUIRE THE EMPLOYER TO SUBMIT ADDI-
 TIONAL INFORMATION REGARDING SUCH WORKPLACE FATALITY. THE EMPLOYER SHALL
 PROVIDE SUCH INFORMATION TO THE DEPARTMENT NO  LATER  THAN  NINETY  DAYS
 AFTER RECEIVING SUCH NOTIFICATION.
   B.  INFORMATION  TO  BE REPORTED WITHIN NINETY DAYS SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   (I) THE NAME OF THE EMPLOYER;
   (II) THE BUSINESS ADDRESS OF THE EMPLOYER;
   (III) THE STATED BUSINESS PURPOSE OR INDUSTRY OF THE EMPLOYER;

 A. 5965--A                          3
 
   (IV) THE NAME AND AGE OF THE EMPLOYEE;
   (V) THE ETHNICITY OF THE EMPLOYEE;
   (VI) THE NATIONALITY OF THE EMPLOYEE;
   (VII) THE IMMIGRATION STATUS OF THE EMPLOYEE, IF KNOWN;
   (VIII) THE CRAFT, TRADE OR OCCUPATION OF THE EMPLOYEE; AND
   (IX) THE UNION STATUS OF THE EMPLOYEE.
   5. INVESTIGATION. THE DEPARTMENT IN ITS JURISDICTION MAY ALSO:
   A.  CONDUCT AN INVESTIGATION INTO ANY WORK-RELATED FATAL INJURY IN THE
 WORKPLACE INVOLVING AN EMPLOYEE PERFORMING CONSTRUCTION WORK;
   B. REQUEST ADDITIONAL INFORMATION FROM AN EMPLOYER IN RELATION TO SUCH
 EMPLOYEE OR SUCH WORKPLACE FATALITY; AND
   C. REQUEST INFORMATION AS TO WHETHER CRIMINAL OR  CIVIL  CHARGES  HAVE
 BEEN FILED AGAINST THE EMPLOYER IN THE DEATH OF THE EMPLOYEE, INCLUDING:
   (I) THE DETAILS OF SUCH CRIMINAL OR CIVIL CHARGES INCLUDING THE CHARG-
 ING OFFICER OR AGENCY; AND
   (II) THE ACTUAL CRIMINAL OR CIVIL CHARGE OR CHARGES.
   6.  REPORTING  SYSTEM.  THE  DEPARTMENT  SHALL  ESTABLISH  A TELEPHONE
 REPORTING SYSTEM FOR THE INFORMATION REQUIRED TO BE REPORTED PURSUANT TO
 SUBDIVISIONS THREE AND FOUR OF THIS SECTION.  THE DEPARTMENT SHALL  ALSO
 ESTABLISH  AN  ONLINE  ELECTRONIC  INFORMATION  REPORTING SYSTEM FOR THE
 INFORMATION REQUIRED TO BE REPORTED  PURSUANT  TO  THIS  SECTION  WITHIN
 TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
   7.  FAILURE  TO REPORT. FAILURE BY ANY EMPLOYER TO REPORT THE INFORMA-
 TION REQUIRED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION WITHIN NINETY
 DAYS OF NOTIFICATION BY THE DEPARTMENT THAT SUCH DEATH WAS THE RESULT OF
 A WORK-RELATED FATAL INJURY IN THE WORKPLACE SHALL BE SUBJECT TO A  FINE
 OF  NOT  LESS  THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND FIVE
 HUNDRED DOLLARS PER FAILURE TO MAKE SUCH REPORT.
   8. ACCESSIBILITY OF REGISTRY. THE DEPARTMENT SHALL ESTABLISH AND MAIN-
 TAIN AN ONLINE DATABASE TO  MAKE  AVAILABLE  ALL  INFORMATION  AND  DATA
 REGARDING ALL WORKPLACE FATALITIES IN THE CONSTRUCTION INDUSTRY REPORTED
 TO  THE  REGISTRY  PURSUANT  TO  THIS SECTION. SUCH INFORMATION SHALL BE
 PROVIDED IN THE AGGREGATE AND SHALL  BE  ELECTRONICALLY  ACCESSIBLE  AND
 SEARCHABLE  TO  THE  PUBLIC, PROVIDED HOWEVER, THAT IN NO EVENT SHALL AN
 EMPLOYEE'S NAME OR OTHER PERSONAL IDENTIFYING INFORMATION BE INCLUDED IN
 SUCH DATABASE. THE DEPARTMENT SHALL UPDATE THE DATABASE WITH THE  INFOR-
 MATION  REPORTED  TO  THE  REGISTRY PURSUANT TO THIS SECTION WITHIN FIVE
 BUSINESS DAYS OF THE RECEIPT OF SUCH REPORTS BY THE DEPARTMENT.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that any death subject to
 the provisions of this act that occurs on or after the day on which this
 act shall have become a law shall be subject to the reporting provisions
 of this act and shall be reported within thirty days after  such  death.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.