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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (17)
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

view votes

Feb 4, 2020 - Labor committee Vote

S3292A
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

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 - Details

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

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.

S3292 - Sponsor Memo

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

Co-Sponsors

view additional co-sponsors

S3292A - Details

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

S3292A - 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 - Sponsor Memo

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

Co-Sponsors

view additional co-sponsors

S3292B (ACTIVE) - Details

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

S3292B (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.

S3292B (ACTIVE) - Sponsor Memo

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

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