assembly Bill A5965A

Signed By Governor
2019-2020 Legislative Session

Establishes a registry of workplace fatalities to record information pertaining to all incidents under which an employee suffers a fatal injury

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Sponsored By

Archive: Last Bill Status Via S8828 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (17)
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
Jul 23, 2020 substituted by s8828
Jul 22, 2020 ordered to third reading rules cal.302
rules report cal.302
reported
reported referred to rules
Jul 21, 2020 reference changed to codes
Jul 20, 2020 print number 5965a
Jul 20, 2020 amend (t) and recommit to labor
Jan 08, 2020 referred to labor
Feb 20, 2019 referred to labor

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5965 - Details

See Senate Version of this Bill:
S8828
Law Section:
Labor Law
Laws Affected:
Add §44, Lab L

A5965 - 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.

A5965 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5965
 
                        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  -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to establishing a registry of
   workplace fatalities to record information pertaining to all incidents
   under which an employee suffers a 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. 1. REGISTRY. THE DEPARTMENT SHALL
 CREATE AND MAINTAIN A REGISTRY OF  WORKPLACE  FATALITIES.  THE  REGISTRY
 SHALL INCLUDE INFORMATION REGARDING ALL INCIDENTS UNDER WHICH AN EMPLOY-
 EE SUFFERS A FATAL INJURY AT THEIR WORKPLACE.
   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, INCARCERATED PERSONS PARTICIPATING IN
 WORK PROGRAMS FOR REMUNERATION OR CREDIT, APPRENTICES,  INTERNS,  VOLUN-
 TEERS,  OR  ANY  OTHER  PERSONS  WHO PERFORM DUTIES AT THE DIRECTION AND
 DISCRETION OF AN EMPLOYER.
   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, APPRENTICE OR VOLUNTEER, THE SPONSORING COMPANY,
 CORPORATION OR NOT-FOR-PROFIT SHALL BE CONSIDERED THE EMPLOYER.
   C. "WORKPLACE" SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  AN  EMPLOYEE'S
 LOCATION  OF DIRECT EMPLOYMENT, REMOTE SITES IN THE SCOPE OF PERFORMANCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09276-03-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5965A (ACTIVE) - Details

See Senate Version of this Bill:
S8828
Law Section:
Labor Law
Laws Affected:
Add §44, Lab L

A5965A (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.

A5965A (ACTIVE) - Bill Text download pdf

 
                     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.