The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1302
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 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 a worker performing
   construction work suffers a work-related fatal injury; and to amend  a
   chapter  of the laws of 2020 amending the labor law relating to estab-
   lishing a registry of workplace fatalities in the construction  indus-
   try  to  record information pertaining to all incidents under which an
   employee performing construction work  suffers  a  work-related  fatal
   injury,  as  proposed  in  legislative  bills  numbers  S. 8828 and A.
   5965-A, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 44 of the labor law, as added by a chapter of the
 laws of 2020 amending the labor law relating 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, as proposed in
 legislative bills numbers S. 8828 and A. 5965-A, is amended 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] A WORKER performing construction
 work suffers a work-related fatal injury in the workplace.  Such  regis-
 try 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07179-01-1

 S. 1302                             2
 
   a. ["Employee"] "WORKER" 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] A CONTRACTOR or who provide services pursu-
 ant to a contract in the workplace.
   b. ["Employer"] "CONTRACTOR" shall include a direct employer, contrac-
 tor, or subcontractor. In the absence of a formal hiring agreement,  the
 person  who  directs  or  provides compensation to the [employee] WORKER
 shall be considered the [employer] CONTRACTOR unless such person is also
 directed and compensated by another. In such cases, the persons  succes-
 sively  above  the  [employee]  WORKER  in the employment chain shall be
 considered the [employer] CONTRACTOR.  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] CONTRACTOR.
   c.  "Workplace"  shall  include,  but  not be limited to, any location
 where [an employee] A WORKER  performs  any  work-related  duty  in  the
 course  of his or her employment, or any other site where the [employee]
 WORKER may be as a result of [employer] CONTRACTOR direction.
   d. "Construction" shall include, but  not  be  limited  to,  any  work
 involving  the construction, reconstruction, alteration, rehabilitation,
 repair, renovation, demolition, or installation of any building,  struc-
 ture,  or  improvement,  or  in  relation  to the excavation of or other
 development or improvement to any land.
   3. Seventy-two-hour reports. a. Each county coroner, medical  examiner
 or  other  authorized  official  whose  role is to register deaths, when
 making the determination as to the cause  and  manner  of  death,  shall
 determine  whether  such  death  was  the result of a work-related fatal
 injury in the workplace and report all such workplace fatalities in  the
 construction industry to the department within seventy-two hours of such
 determination.
   b.  Information to be reported within seventy-two hours shall include,
 but not be limited to:
   (i) the name of the [employee] WORKER;
   (ii) the age of the [employee] WORKER;
   (iii) the cause of death;
   (iv) the manner of death;
   (v) the location of death;
   (vi) the name of the [employer] CONTRACTOR;
   (vii) the business address of the [employer] CONTRACTOR;
   (viii) the name of the official or medical personnel making the decla-
 ration of death;
   (ix) the name of the person or persons charged with making the  deter-
 mination of the cause and manner of death; and
   (x)  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.  Upon receiving a report pursuant to subdi-
 vision three of this section, the department shall notify the [employer]
 CONTRACTOR that such death was determined to be the result of a work-re-
 lated fatal injury in the workplace and  shall  require  the  [employer]
 CONTRACTOR  to  submit  additional  information regarding such workplace
 fatality. The [employer] CONTRACTOR shall provide  such  information  to

 S. 1302                             3
 
 the  department no later than ninety days after receiving such notifica-
 tion.
   b.  Information  to  be reported within ninety days shall include, but
 not be limited to:
   (i) the name of the [employer] CONTRACTOR;
   (ii) the business address of the [employer] CONTRACTOR;
   (iii) the stated  business  purpose  or  industry  of  the  [employer]
 CONTRACTOR;
   (iv) the name and age of the [employee] WORKER;
   (v) the ethnicity of the [employee] WORKER, IF KNOWN;
   (vi) the nationality of the [employee] WORKER, IF KNOWN;
   (vii) the immigration status of the [employee] WORKER, if known;
   (viii) the craft, trade or occupation of the [employee] WORKER; and
   (ix) the union status of the [employee] WORKER.
   5. Investigation. The department in its [jurisdiction] SOLE DISCRETION
 may also:
   a.  conduct an investigation into any work-related fatal injury in the
 workplace involving [an employee] A WORKER performing construction work;
   b. request additional information from [an employer] A  CONTRACTOR  in
 relation to such [employee] WORKER or such workplace fatality; and
   c.  request  information  as to whether criminal or civil charges have
 been filed against  the  [employer]  CONTRACTOR  in  the  death  of  the
 [employee] WORKER, including:
   (i) the details of such criminal or civil charges including the charg-
 ing officer or agency; and
   (ii) the actual criminal or civil charge or charges.
   6.  Reporting  system.  The  department  shall establish a [telephone]
 reporting system for the information required to be reported pursuant to
 subdivisions three and four 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.]
   7. Failure to report. Failure by any [employer] CONTRACTOR  to  report
 the  information  required  pursuant to subdivision four of this section
 within ninety days of notification by the department that such death was
 the result of a work-related fatal injury  in  the  workplace  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 report.
   8. Accessibility of registry. The department shall establish and main-
 tain an online database to  make  available  all  information  and  data
 regarding all workplace fatalities in the construction industry reported
 to  the  registry  pursuant  to  this section. Such information shall be
 provided in the aggregate and shall  be  electronically  accessible  and
 searchable  to  the public, provided however, that in no event shall [an
 employee's] A WORKER'S name or other personal identifying information be
 included in such database. The department shall update the database with
 the information reported to the registry pursuant to this section within
 five business days of the receipt of such reports by the department.
   § 2. Section 2 of a chapter of the laws of 2020 amending the labor law
 relating to establishing a  registry  of  workplace  fatalities  in  the
 construction  industry to record information pertaining to all incidents
 under which an employee performing construction work suffers a  work-re-
 lated  fatal  injury,  as proposed in legislative bills numbers S.  8828
 and A. 5965-A, is amended to read as follows:
   § 2. This act shall take effect [on the one hundred twentieth day] ONE
 YEAR after it shall have become a law; provided, however, that any death

 S. 1302                             4
 
 subject to the provisions of this act that occurs on or after the day on
 which this act shall have become a law shall be subject to [the  report-
 ing  provisions] SUBDIVISIONS 3 AND 4 OF SECTION 44 OF THE LABOR LAW, AS
 ADDED BY SECTION ONE of this act and shall be reported TO THE DEPARTMENT
 OF  LABOR  within  thirty days after such death.  Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.
   § 3. This  act  shall  take  effect  immediately,  provided,  however,
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of  2020  amending  the  labor  law
 relating  to  establishing  a  registry  of  workplace fatalities in the
 construction industry to record information pertaining to all  incidents
 under  which an employee performing construction work suffers a work-re-
 lated fatal injury, as proposed in legislative bills numbers S. 8828 and
 A. 5965-A, takes effect.