senate Bill S8828

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (12)
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
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1027
Jul 20, 2020 referred to rules

S8828 (ACTIVE) - Details

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

S8828 (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.

S8828 (ACTIVE) - Sponsor Memo

S8828 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8828
 
                             I N  S E N A T E
 
                               July 20, 2020
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.