NY State Senate Bill 2019-S3292A

Senate Bill S3292A

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Mar 10, 2020	amended on third reading 3292b
Feb 10, 2020	advanced to third reading
Feb 05, 2020	2nd report cal.
Feb 04, 2020	1st report cal.359
Jan 08, 2020	referred to labor returned to senate died in assembly
Jun 19, 2019	referred to labor delivered to assembly passed senate
Feb 27, 2019	advanced to third reading
Feb 26, 2019	2nd report cal.
Feb 12, 2019	1st report cal.153
Feb 06, 2019	print number 3292a
Feb 06, 2019	amend and recommit to labor
Feb 05, 2019	referred to labor

Votes

- Jun 19, 2019 - Floor Vote
  S3292A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Feb 4, 2020 - Labor Committee Vote
  S3292A
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Feb 4, 2020
      
      aye (13)
      
      Akshar
      
      Funke
      
      Gallivan
      
      Gounardes
      
      Harckham
      
      Jackson
      
      Lanza
      
      Martinez
      
      Mayer
      
      Persaud
      
      Ramos
      
      Sanders Jr.
      
      Savino
  Feb 12, 2019 - Labor Committee Vote
  S3292A
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Feb 12, 2019
      
      aye (11)
      
      Akshar
      
      Gallivan
      
      Gounardes
      
      Jackson
      
      Martinez
      
      Mayer
      
      Persaud
      
      Ramos
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      aye wr (2)
      
      Funke
      
      Lanza

Bill Amendments

Original

B (Active)

2019-S3292 - Details

See Assembly Version of this Bill:: A5965
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §44, Lab L

2019-S3292 - 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-S3292 - Sponsor Memo

                                
 
BILL NUMBER: S3292

SPONSOR: RAMOS
 
TITLE OF BILL:

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

 
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:

This measure would require the Department of Labor to establish a

publicly accessible and searchable online registry of workplace fatali-
ties. Coroners would be required to report job-site deaths along with
basic information within 72 hours of the declaration of death, and to
file a follow-up report with more in-depth information within 90 days.

 
JUSTIFICATION:

Until recently, the New York City Department of Buildings only consid-
ered deaths that involved violations of the city's construction code to
be workplace fatalities. Shockingly, those involving workplace safety
violations but not city code violations were not considered. For exam-
ple, when construction worker Alton Louis died at an affordable housing
project at 149 Kent Avenue in Brooklyn-a death the federal Occupational
Safety and Health Administration (OSHA) deemed a workplace fatality-the
developer was not required to report the fatality or any details of the
incident to the city agencies with which they work. The death was
neither investigated nor included in the Department of Buildings' tally
of workplace fatalities.

With 58 county coroners or medical examiners in New York State (New York
City's five counties are consolidated under the Office of the City
Medical Examiner), any number of variations of what constitutes a work-
place fatality may exist. Local municipalities, OSHA and the Federal
Bureau of Labor Statistics at times may all have different statistics on
the number of deaths on the job. Without an accurate, centralized regis-
try, containing circumstances of workplace deaths accompanied by demo-
graphic data on the victims, the legislature cannot tailor remedies to
protect those most at risk.

The construction industry has the most reliable information on workplace
fatalities, thanks to the New York Committee for Occupational Safety &
Health's (NYCOSH) annual report entitled Deadly Skylines. In its 2019
report, NYCOSH concluded there were at least 69 fatalities on New York
construction sites in 2017-a rate of one every five days-however, due to
county by county variables, that figure is likely higher. The report
also concludes that: 86.7% of fatalities occurred on sites where the
workers are not represented; that Latino workers are more likely to die
on the job than non-Latinos; and that workers ages 55-to-64 are most
likely to be killed at work. In order to determine how to properly
protect the most vulnerable employees, the collection and maintenance of
accurate, current and complete data is essential.

This task falls on New York State because the federal government has
abdicated its responsibility in these matters. Of the 69 fatalities
cited in NYCOSH's report, only OSHA investigated 30, leaving 56% of
those workplace deaths uninvestigated. Further, the federal Bureau of
Labor Statistics will not release data on 2018 fatalities until December
2019, almost a year later. Therefore, the federal government cannot be
counted on as a reliable and timely source of information when New York
workers are killed on the job.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This measure shall take effect 180 days after becoming law.

2019-S3292 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3292
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD09276-01-9

 S. 3292                             2
 
 OF THE EMPLOYEE'S DUTIES, OR ANY OTHER SITE WHERE THE EMPLOYEE MAY BE AS
 A RESULT OF EMPLOYER DIRECTION.
   3.  SEVENTY-TWO-HOUR REPORTS. A. EACH COUNTY CORONER, MEDICAL EXAMINER
 OR OTHER AUTHORIZED OFFICIAL WHOSE ROLE  IS  TO  REGISTER  DEATHS  SHALL
 REPORT  ALL  WORKPLACE  FATALITIES  TO THE DEPARTMENT WITHIN SEVENTY-TWO
 HOURS OF DECLARATION OF DEATH.
   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 OCCUPATION OF THE EMPLOYEE;
   (IV)  THE  CAUSE  OF DEATH, IF SUCH CAUSE OF DEATH HAS BEEN DETERMINED
 WITHIN THE SEVENTY-TWO HOURS;
   (V) THE MANNER OF DEATH;
   (VI) THE LOCATION OF DEATH;
   (VII) THE NAME OF THE EMPLOYER;
   (VIII) THE BUSINESS ADDRESS OF THE EMPLOYER;
   (IX) THE STATED BUSINESS PURPOSE OR INDUSTRY OF THE EMPLOYER;
   (X) THE NAME OF THE OFFICIAL OR MEDICAL PERSONNEL MAKING THE  DECLARA-
 TION OF DEATH;
   (XI)  THE NAME OF THE PERSON OR PERSONS CHARGED WITH MAKING THE DETER-
 MINATION OF THE CAUSE AND MANNER OF DEATH; AND
   (XII) 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. INFORMATION SHALL BE REPORTED TO THE DEPART-
 MENT BY THE OFFICIAL OF EACH COUNTY WHO IS  CHARGED  WITH  INVESTIGATING
 FATAL  INCIDENTS  NO  LATER  THAN  NINETY  DAYS AFTER THE DECLARATION OF
 DEATH.
   B. INFORMATION TO BE REPORTED WITHIN NINETY DAYS  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:
   (I)  THE  CAUSE OF DEATH OF THE EMPLOYEE, WHEN SUCH CAUSE OF DEATH HAS
 NOT BEEN PREVIOUSLY DETERMINED  AND  REPORTED  IN  THE  SEVENTY-TWO-HOUR
 REPORT;
   (II) THE RACE OF THE EMPLOYEE;
   (III) THE ETHNICITY OF THE EMPLOYEE;
   (IV) THE NATIONALITY OF THE EMPLOYEE;
   (V) THE IMMIGRATION STATUS OF THE EMPLOYEE;
   (VI) THE UNION STATUS OF THE EMPLOYEE;
   (VII)  WHETHER  CRIMINAL  OR CIVIL CHARGES HAVE BEEN FILED AGAINST THE
 EMPLOYER IN THE DEATH OF THE EMPLOYEE AND, FOR INCIDENTS  WHERE  CHARGES
 HAVE BEEN FILED:
   (1) THE DETAILS OF SUCH CRIMINAL OR CIVIL CHARGES INCLUDING THE CHARG-
 ING OFFICER OR AGENCY; AND
   (2) THE ACTUAL CRIMINAL OR CIVIL CHARGE OR CHARGES;
   (VIII)  THE  NAME OF THE PERSON CHARGED WITH MAKING THE DETERMINATIONS
 AND REPORTING THE INFORMATION REQUIRED BY THIS SECTION; AND
   (IX) CONTACT INFORMATION FOR THE OFFICE  MAKING  NOTIFICATION  TO  THE
 DEPARTMENT,  INCLUDING  CONTACT  INFORMATION  FOR  THE PERSON OR PERSONS
 CHARGED WITH MAKING THE DETERMINATIONS  AND  REPORTING  THE  INFORMATION
 REQUIRED BY THIS SECTION.
   5.  REPORTING  SYSTEM.  THE  DEPARTMENT  SHALL  ESTABLISH  A TELEPHONE
 REPORTING SYSTEM FOR THE INFORMATION REQUIRED TO BE REPORTED PURSUANT TO
 THIS SECTION WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF  THIS  SECTION.

 S. 3292                             3

 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.
   6.  FAILURE  TO REPORT. FAILURE BY A COUNTY CORONER, MEDICAL EXAMINER,
 OTHER AUTHORIZED OFFICIAL WHOSE ROLE IS TO REGISTER  DEATHS,  OR  COUNTY
 OFFICIAL CHARGED WITH INVESTIGATING FATAL INCIDENTS TO MAKE SEVENTY-TWO-
 HOUR OR NINETY-DAY REPORTS IN A TIMELY MANNER 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 SEVENTY-TWO-HOUR OR  NINETY-DAY
 REPORT.
   7.  ACCESSIBILITY  OF  REGISTRY. THE REGISTRY SHALL BE PUBLISHED ELEC-
 TRONICALLY  IN  A  PUBLICLY  ACCESSIBLE  DATABASE  ON  THE  DEPARTMENT'S
 WEBSITE. THE DATABASE SHALL BE PUBLISHED IN A MANNER BY WHICH ALL INFOR-
 MATION  REQUIRED PURSUANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION
 IS ACCESSIBLE AND SEARCHABLE. THE DEPARTMENT SHALL PUBLISH THE  INFORMA-
 TION  REPORTED  IN  SEVENTY-TWO-HOUR  AND  NINETY-DAY REPORTS WITHIN ONE
 BUSINESS DAY OF THE RECEIPT OF SUCH REPORTS BY THE DEPARTMENT.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S3292A - Details

See Assembly Version of this Bill:: A5965
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §44, Lab L

2019-S3292A - Summary

2019-S3292A - Sponsor Memo

                                
 
BILL NUMBER: S3292A

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the labor law, in relation to estab-
lishing a registry of workplace fatalities to record information
pertaining to all incidents under which an employee suffers a 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:

This measure would require the Department of Labor to establish a
publicly accessible and searchable online registry of workplace fatali-

ties. Coroners would be required to report job-site deaths along with
basic information within 72 hours of the declaration of death, and to
file a follow-up report with more in-depth information within 90 days.

 
JUSTIFICATION:

Until recently, the New York City Department of Buildings only consid-
ered deaths that involved violations of the city's construction code to
be workplace fatalities. Shockingly, those involving workplace safety
violations but not city code violations were not considered. For exam-
ple, when construction worker Alton Louis died at an affordable housing
project at 149 Kent Avenue in Brooklyn-a death the federal Occupational
Safety and Health Administration (OSHA) deemed a workplace fatality-the
developer was not required to report the fatality or any details of the
incident to the city agencies with which they work. The death was
neither investigated nor included in the Department of Buildings' tally
of workplace fatalities.

With 58 county coroners or medical examiners in New York State (New York
City's five counties are consolidated under the Office of the City
Medical Examiner), any number of variations of what constitutes a work-
place fatality may exist. Local municipalities, OSHA and the Federal
Bureau of Labor Statistics at times may all have different statistics on
the number of deaths on the job. Without an accurate, centralized regis-
try, containing circumstances of workplace deaths accompanied by demo-
graphic data on the victims, the legislature cannot tailor remedies to
protect those most at risk.

The construction industry has the most reliable information on workplace
fatalities, thanks to the New York Committee for Occupational Safety &
Health's (NYCOSH) annual report entitled Deadly Skylines. In its 2019
report, NYCOSH concluded there were at least 69 fatalities on New York
construction sites in 2017-a rate of one every five days-however, due to
county by county variables, that figure is likely higher. The report
also concludes that: 86.7% of fatalities occurred on sites where the
workers are not represented; that Latino workers are more likely to die
on the job than non-Latinos; and that workers ages 55-to-64 are most
likely to be killed at work. In order to determine how to properly
protect the most vulnerable employees, the collection and maintenance of
accurate, current and complete data is essential.

This task falls on New York State because the federal government has
abdicated its responsibility in these matters. Of the 69 fatalities
cited in NYCOSH's report, only OSHA investigated 30, leaving 56% of
those workplace deaths uninvestigated. Further, the federal Bureau of
Labor Statistics will not release data on 2018 fatalities until December
2019, almost a year later. Therefore, the federal government cannot be
counted on as a reliable and timely source of information when New York
workers are killed on the job.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and 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
bill 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 effective date are authorized to be made and completed on or
before such effective date.

2019-S3292A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3292--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09276-02-9

 S. 3292--A                          2
 
   C.  "WORKPLACE"  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, AN EMPLOYEE'S
 LOCATION OF DIRECT EMPLOYMENT, REMOTE SITES IN THE SCOPE OF  PERFORMANCE
 OF THE EMPLOYEE'S DUTIES, OR ANY OTHER SITE WHERE THE EMPLOYEE MAY BE AS
 A RESULT OF EMPLOYER DIRECTION.
   3.  SEVENTY-TWO-HOUR REPORTS. A. EACH COUNTY CORONER, MEDICAL EXAMINER
 OR OTHER AUTHORIZED OFFICIAL WHOSE ROLE  IS  TO  REGISTER  DEATHS  SHALL
 REPORT  ALL  WORKPLACE  FATALITIES  TO THE DEPARTMENT WITHIN SEVENTY-TWO
 HOURS OF DECLARATION OF DEATH.
   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 OCCUPATION OF THE EMPLOYEE;
   (IV)  THE  CAUSE  OF DEATH, IF SUCH CAUSE OF DEATH HAS BEEN DETERMINED
 WITHIN THE SEVENTY-TWO HOURS;
   (V) THE MANNER OF DEATH;
   (VI) THE LOCATION OF DEATH;
   (VII) THE NAME OF THE EMPLOYER;
   (VIII) THE BUSINESS ADDRESS OF THE EMPLOYER;
   (IX) THE STATED BUSINESS PURPOSE OR INDUSTRY OF THE EMPLOYER;
   (X) THE NAME OF THE OFFICIAL OR MEDICAL PERSONNEL MAKING THE  DECLARA-
 TION OF DEATH;
   (XI)  THE NAME OF THE PERSON OR PERSONS CHARGED WITH MAKING THE DETER-
 MINATION OF THE CAUSE AND MANNER OF DEATH; AND
   (XII) 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. INFORMATION SHALL BE REPORTED TO THE DEPART-
 MENT BY THE OFFICIAL OF EACH COUNTY WHO IS  CHARGED  WITH  INVESTIGATING
 FATAL  INCIDENTS  NO  LATER  THAN  NINETY  DAYS AFTER THE DECLARATION OF
 DEATH.
   B. INFORMATION TO BE REPORTED WITHIN NINETY DAYS  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:
   (I)  THE  CAUSE OF DEATH OF THE EMPLOYEE, WHEN SUCH CAUSE OF DEATH HAS
 NOT BEEN PREVIOUSLY DETERMINED  AND  REPORTED  IN  THE  SEVENTY-TWO-HOUR
 REPORT;
   (II) THE RACE OF THE EMPLOYEE;
   (III) THE ETHNICITY OF THE EMPLOYEE;
   (IV) THE NATIONALITY OF THE EMPLOYEE;
   (V) THE IMMIGRATION STATUS OF THE EMPLOYEE;
   (VI) THE UNION STATUS OF THE EMPLOYEE;
   (VII)  WHETHER  CRIMINAL  OR CIVIL CHARGES HAVE BEEN FILED AGAINST THE
 EMPLOYER IN THE DEATH OF THE EMPLOYEE AND, FOR INCIDENTS  WHERE  CHARGES
 HAVE BEEN FILED:
   (1) THE DETAILS OF SUCH CRIMINAL OR CIVIL CHARGES INCLUDING THE CHARG-
 ING OFFICER OR AGENCY; AND
   (2) THE ACTUAL CRIMINAL OR CIVIL CHARGE OR CHARGES;
   (VIII)  THE  NAME OF THE PERSON CHARGED WITH MAKING THE DETERMINATIONS
 AND REPORTING THE INFORMATION REQUIRED BY THIS SECTION; AND
   (IX) CONTACT INFORMATION FOR THE OFFICE  MAKING  NOTIFICATION  TO  THE
 DEPARTMENT,  INCLUDING  CONTACT  INFORMATION  FOR  THE PERSON OR PERSONS
 CHARGED WITH MAKING THE DETERMINATIONS  AND  REPORTING  THE  INFORMATION
 REQUIRED BY THIS SECTION.

 S. 3292--A                          3
 
   5.  REPORTING  SYSTEM.  THE  DEPARTMENT  SHALL  ESTABLISH  A TELEPHONE
 REPORTING SYSTEM FOR THE INFORMATION REQUIRED TO BE REPORTED PURSUANT TO
 THIS SECTION WITHIN NINETY DAYS OF THE EFFECTIVE DATE 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.
   6.  FAILURE  TO REPORT. FAILURE BY A COUNTY CORONER, MEDICAL EXAMINER,
 OTHER AUTHORIZED OFFICIAL WHOSE ROLE IS TO REGISTER  DEATHS,  OR  COUNTY
 OFFICIAL CHARGED WITH INVESTIGATING FATAL INCIDENTS TO MAKE SEVENTY-TWO-
 HOUR OR NINETY-DAY REPORTS IN A TIMELY MANNER 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 SEVENTY-TWO-HOUR OR  NINETY-DAY
 REPORT.
   7.  ACCESSIBILITY  OF  REGISTRY. THE REGISTRY SHALL BE PUBLISHED ELEC-
 TRONICALLY  IN  A  PUBLICLY  ACCESSIBLE  DATABASE  ON  THE  DEPARTMENT'S
 WEBSITE. THE DATABASE SHALL BE PUBLISHED IN A MANNER BY WHICH ALL INFOR-
 MATION  REQUIRED PURSUANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION
 IS ACCESSIBLE AND SEARCHABLE. THE DEPARTMENT SHALL PUBLISH THE  INFORMA-
 TION  REPORTED  IN  SEVENTY-TWO-HOUR  AND  NINETY-DAY REPORTS WITHIN ONE
 BUSINESS DAY 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
 bill 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 effective date are authorized to be made  and  completed
 on or before such effective date.

co-Sponsors

View additional co-sponsors

2019-S3292B (ACTIVE) - Details

See Assembly Version of this Bill:: A5965
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §44, Lab L

2019-S3292B (ACTIVE) - Summary

2019-S3292B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3292B

SPONSOR: RAMOS
 
TITLE OF BILL:

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

 
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:

This measure would require the Department of Labor to establish a

publicly accessible and searchable online registry of workplace fatali-
ties. Coroners would be required to report job-site deaths along with
basic information within 72 hours of the declaration of death, and to
file a follow-up report with more in-depth information within 90 days.

 
JUSTIFICATION:

Until recently, the New York City Department of Buildings only consid-
ered deaths that involved violations of the city's construction code to
be workplace fatalities. Shockingly, those involving workplace safety
violations but not city code violations were not considered. For exam-
ple, when construction worker Alton Louis died at an affordable housing
project at 149 Kent Avenue in Brooklyn-a death the federal Occupational
Safety and Health Administration (OSHA) deemed a workplace fatality-the
developer was not required to report the fatality or any details of the
incident to the city agencies with which they work. The death was
neither investigated nor included in the Department of Buildings' tally
of workplace fatalities.

With 58 county coroners or medical examiners in New York State (New York
City's five counties are consolidated under the Office of the City
Medical Examiner), any number of variations of what constitutes a work-
place fatality may exist. Local municipalities, OSHA and the Federal
Bureau of Labor Statistics at times may all have different statistics on
the number of deaths on the job. Without an accurate, centralized regis-
try, containing circumstances of workplace deaths accompanied by demo-
graphic data on the victims, the legislature cannot tailor remedies to
protect those most at risk.

The construction industry has the most reliable information on workplace
fatalities, thanks to the New York Committee for Occupational Safety &
Health's (NYCOSH) annual report entitled Deadly Skylines. In its 2019
report, NYCOSH concluded there were at least 69 fatalities on New York
construction sites in 2017-a rate of one every five days-however, due to
county by county variables, that figure is likely higher. The report
also concludes that: 86.7% of fatalities occurred on sites where the
workers are not represented; that Latino workers are more likely to die
on the job than non-Latinos; and that workers ages 55-to-64 are most
likely to be killed at work. In order to determine how to properly
protect the most vulnerable employees, the collection and maintenance of
accurate, current and complete data is essential.

This task falls on New York State because the federal government has
abdicated its responsibility in these matters. Of the 69 fatalities
cited in NYCOSH's report, only OSHA investigated 30, leaving 56% of
those workplace deaths uninvestigated. Further, the federal Bureau of
Labor Statistics will not release data on 2018 fatalities until December
2019, almost a year later. Therefore, the federal government cannot be
counted on as a reliable and timely source of information when New York
workers are killed on the job.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and 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
bill 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 effective date are authorized to be made and completed on or
before such effective date.

2019-S3292B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3292--B
     Cal. No. 359
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced by Sens. RAMOS, ADDABBO, BIAGGI, GOUNARDES, HOYLMAN, JACKSON,
   KAMINSKY,  KAPLAN,  KENNEDY,  MAY,  MAYER,  METZGER,  MYRIE,  PERSAUD,
   SANDERS, SKOUFIS, THOMAS -- read twice and ordered printed,  and  when
   printed  to  be  committed  to  the  Committee  on  Labor -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Labor in  accord-
   ance  with  Senate  Rule  6,  sec.  8  -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09276-04-9

 S. 3292--B                          2
 
 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.
   C.  "WORKPLACE"  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, AN EMPLOYEE'S
 LOCATION OF DIRECT EMPLOYMENT, REMOTE SITES IN THE SCOPE OF  PERFORMANCE
 OF THE EMPLOYEE'S DUTIES, OR ANY OTHER SITE WHERE THE EMPLOYEE MAY BE AS
 A RESULT OF EMPLOYER DIRECTION.
   3.  SEVENTY-TWO-HOUR REPORTS. A. EACH COUNTY CORONER, MEDICAL EXAMINER
 OR OTHER AUTHORIZED OFFICIAL WHOSE ROLE  IS  TO  REGISTER  DEATHS  SHALL
 REPORT  ALL  WORKPLACE  FATALITIES  TO THE DEPARTMENT WITHIN SEVENTY-TWO
 HOURS OF DECLARATION OF DEATH, INCLUDING ANY FATALITIES  RESULTING  FROM
 EARLIER WORK PLACE INJURIES.
   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 OCCUPATION OF THE EMPLOYEE;
   (IV) THE CAUSE OF DEATH, IF SUCH CAUSE OF DEATH  HAS  BEEN  DETERMINED
 WITHIN THE SEVENTY-TWO HOURS;
   (V) THE MANNER OF DEATH;
   (VI) THE LOCATION OF DEATH;
   (VII) THE NAME OF THE EMPLOYER;
   (VIII) THE BUSINESS ADDRESS OF THE EMPLOYER;
   (IX) THE STATED BUSINESS PURPOSE OR INDUSTRY OF THE EMPLOYER;
   (X)  THE NAME OF THE OFFICIAL OR MEDICAL PERSONNEL MAKING THE DECLARA-
 TION OF DEATH;
   (XI) THE NAME OF THE PERSON OR PERSONS CHARGED WITH MAKING THE  DETER-
 MINATION OF THE CAUSE AND MANNER OF DEATH; AND
   (XII)  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. INFORMATION SHALL BE REPORTED TO THE DEPART-
 MENT  BY  THE  OFFICIAL OF EACH COUNTY WHO IS CHARGED WITH INVESTIGATING
 FATAL INCIDENTS NO LATER THAN  NINETY  DAYS  AFTER  THE  DECLARATION  OF
 DEATH.
   B.  INFORMATION  TO  BE REPORTED WITHIN NINETY DAYS SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   (I) THE CAUSE OF DEATH OF THE EMPLOYEE, WHEN SUCH CAUSE OF  DEATH  HAS
 NOT  BEEN  PREVIOUSLY  DETERMINED  AND  REPORTED IN THE SEVENTY-TWO-HOUR
 REPORT;
   (II) THE RACE OF THE EMPLOYEE;
   (III) THE ETHNICITY OF THE EMPLOYEE;
   (IV) THE NATIONALITY OF THE EMPLOYEE;
   (V) THE IMMIGRATION STATUS OF THE EMPLOYEE;
   (VI) THE UNION STATUS OF THE EMPLOYEE;
   (VII) WHETHER CRIMINAL OR CIVIL CHARGES HAVE BEEN  FILED  AGAINST  THE
 EMPLOYER  IN  THE DEATH OF THE EMPLOYEE AND, FOR INCIDENTS WHERE CHARGES
 HAVE BEEN FILED:
   (1) THE DETAILS OF SUCH CRIMINAL OR CIVIL CHARGES INCLUDING THE CHARG-
 ING OFFICER OR AGENCY; AND
   (2) THE ACTUAL CRIMINAL OR CIVIL CHARGE OR CHARGES;
   (VIII) THE NAME OF THE PERSON CHARGED WITH MAKING  THE  DETERMINATIONS
 AND REPORTING THE INFORMATION REQUIRED BY THIS SECTION; AND

 S. 3292--B                          3

   (IX)  CONTACT  INFORMATION  FOR  THE OFFICE MAKING NOTIFICATION TO THE
 DEPARTMENT, INCLUDING CONTACT INFORMATION  FOR  THE  PERSON  OR  PERSONS
 CHARGED  WITH  MAKING  THE  DETERMINATIONS AND REPORTING THE INFORMATION
 REQUIRED BY THIS SECTION.
   5.  REPORTING  SYSTEM.  THE  DEPARTMENT  SHALL  ESTABLISH  A TELEPHONE
 REPORTING SYSTEM FOR THE INFORMATION REQUIRED TO BE REPORTED PURSUANT TO
 THIS SECTION WITHIN NINETY DAYS OF THE EFFECTIVE DATE 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.
   6. FAILURE TO REPORT. FAILURE BY A COUNTY CORONER,  MEDICAL  EXAMINER,
 OTHER  AUTHORIZED  OFFICIAL  WHOSE ROLE IS TO REGISTER DEATHS, OR COUNTY
 OFFICIAL CHARGED WITH INVESTIGATING FATAL INCIDENTS TO MAKE SEVENTY-TWO-
 HOUR OR NINETY-DAY REPORTS IN A TIMELY MANNER 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 SEVENTY-TWO-HOUR OR NINETY-DAY
 REPORT.
   7. ACCESSIBILITY OF REGISTRY. THE REGISTRY SHALL  BE  PUBLISHED  ELEC-
 TRONICALLY  IN  A  PUBLICLY  ACCESSIBLE  DATABASE  ON  THE  DEPARTMENT'S
 WEBSITE. THE DATABASE SHALL BE PUBLISHED IN A MANNER BY WHICH ALL INFOR-
 MATION REQUIRED PURSUANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION,
 EXCEPT THAT THE VICTIM'S NAME SHALL BE REPLACED BY A UNIQUE  IDENTIFICA-
 TION  NUMBER  GENERATED BY THE DEPARTMENT, IS ACCESSIBLE AND SEARCHABLE.
 THE DEPARTMENT SHALL PUBLISH THE INFORMATION  REPORTED  IN  SEVENTY-TWO-
 HOUR  AND  NINETY-DAY  REPORTS WITHIN ONE BUSINESS DAY 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
 bill 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 effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S3292A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2019-S3292 - Details

2019-S3292 - Summary

2019-S3292 - Sponsor Memo

2019-S3292 - Bill Text download pdf

co-Sponsors

2019-S3292A - Details

2019-S3292A - Summary

2019-S3292A - Sponsor Memo

2019-S3292A - Bill Text download pdf

co-Sponsors

2019-S3292B (ACTIVE) - Details

2019-S3292B (ACTIVE) - Summary

2019-S3292B (ACTIVE) - Sponsor Memo

2019-S3292B (ACTIVE) - Bill Text download pdf

Comments