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

Sponsored By

Current Bill Status - On Floor Calendar


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

view votes

Feb 12, 2019 - Labor committee Vote

S3292A
11
0
committee
11
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Feb 12, 2019

aye wr (2)

S3292 (ACTIVE) - Details

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

S3292 (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.

S3292 (ACTIVE) - Sponsor Memo

S3292 (ACTIVE) - 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

Co-Sponsors

S3292A (ACTIVE) - Details

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

S3292A (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.

S3292A (ACTIVE) - Sponsor Memo

S3292A (ACTIVE) - 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

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