Senate Bill S7990

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7990
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law and the county  law,  in  relation  to
   establishing  the  office  of  special  investigation for work-related
   fatalities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The executive law is amended by adding a new section 70-d
 to read as follows:
   § 70-D. OFFICE OF SPECIAL INVESTIGATION FOR  WORK-RELATED  FATALITIES.
 1.  THERE IS HEREBY ESTABLISHED WITHIN THE OFFICE OF THE ATTORNEY GENER-
 AL  AN  OFFICE OF SPECIAL INVESTIGATION FOR WORK-RELATED FATALITIES. THE
 ATTORNEY GENERAL SHALL HAVE INVESTIGATORY AUTHORITY AND CRIMINAL  JURIS-
 DICTION TO INVESTIGATE AND, IF WARRANTED, PROSECUTE ANY ALLEGED CRIMINAL
 OFFENSE  COMMITTED IN CONNECTION WITH THE DEATH OF A WORKER ARISING FROM
 OR OCCURRING DURING THE COURSE OF EMPLOYMENT, REGARDLESS OF THE WORKER'S
 OCCUPATION, EMPLOYER, OR INDUSTRY.
   2. 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 PROVIDES 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 WORKER SHALL BE  CONSIDERED  THE
 EMPLOYER UNLESS SUCH PERSON IS ALSO DIRECTED AND COMPENSATED BY ANOTHER.
 IN  SUCH CASES, THE PERSONS SUCCESSIVELY ABOVE THE WORKER IN THE EMPLOY-
 MENT CHAIN SHALL BE CONSIDERED THE EMPLOYER.  IN  THE  INSTANCE  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13071-01-5
              

 S. 7990                             2
 
 DEATH  OF  AN  INTERN  OR VOLUNTEER, THE ENTITY DIRECTING SUCH INTERN OR
 VOLUNTEER IN THEIR DUTIES AS SUCH SHALL BE CONSIDERED THE EMPLOYER.
   (C)  "WORKPLACE"  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, ANY LOCATION
 WHERE A WORKER PERFORMS ANY WORK-RELATED DUTY IN  THE  COURSE  OF  THEIR
 EMPLOYMENT, OR ANY OTHER SITE WHERE THE WORKER MAY BE AS A RESULT OF THE
 EMPLOYER'S DIRECTION.
   (D)  "WORK-RELATED FATALITY" SHALL MEAN THE DEATH OF ANY EMPLOYEE THAT
 OCCURS DURING THE COURSE AND SCOPE OF EMPLOYMENT AND RESULTS  FROM  ACTS
 OR  OMISSIONS  OCCURRING  AT  A  WORKPLACE, INCLUDING BUT NOT LIMITED TO
 MACHINERY ACCIDENTS, FALLS, STRUCTURAL FAILURES, WORKPLACE VIOLENCE,  OR
 EMPLOYER  NEGLIGENCE.  A "WORK-RELATED FATALITY" DOES NOT INCLUDE DEATHS
 DUE SOLELY TO NATURAL CAUSES, UNLESS SUCH CAUSES  WERE  PRECIPITATED  OR
 ACCELERATED BY CONDITIONS OF EMPLOYMENT OR THE WORK ENVIRONMENT.
   3.  (A) THE ATTORNEY GENERAL SHALL INVESTIGATE ANY INCIDENT WITHIN THE
 STATE THAT HAS BEEN REFERRED TO  THE  OFFICE  PURSUANT  TO  SECTION  SIX
 HUNDRED  SEVENTY-ONE  OF THE COUNTY LAW, WHERE AN EMPLOYEE MAY HAVE DIED
 DURING THE PERFORMANCE OF WORK-RELATED DUTIES, OR AS A RESULT OF  CONDI-
 TIONS  OR  ACTIONS OCCURRING IN THE WORKPLACE, INCLUDING BUT NOT LIMITED
 TO: UNSAFE WORKING CONDITIONS; EMPLOYER NEGLIGENCE; VIOLATIONS OF  OCCU-
 PATIONAL   SAFETY   LAWS   OR   REGULATIONS;   OR  DEATHS  ARISING  FROM
 CONSTRUCTION, MANUFACTURING, AGRICULTURAL, OR TRANSPORTATION WORKSITES.
   (B) LOCAL LAW ENFORCEMENT AGENCIES, DISTRICT ATTORNEYS, THE DEPARTMENT
 OF LABOR OR OTHER RELEVANT INVESTIGATORY AUTHORITY THAT BECOME AWARE  OF
 A  FATALITY  OCCURRING  UNDER CIRCUMSTANCES SUGGESTIVE OF A WORK-RELATED
 FATALITY SHALL PROVIDE AN INCIDENT REPORT TO THE  OFFICE  WITHIN  FORTY-
 EIGHT  HOURS  OF  OBTAINING  SUCH  KNOWLEDGE. SUCH INCIDENT REPORT SHALL
 INCLUDE: THE NAME AND AGE OF THE DECEASED; THE DATE, TIME, AND  LOCATION
 OF THE DEATH; A SUMMARY OF THE FINDINGS OF ANY PRELIMINARY INVESTIGATION
 OR POST-MORTEM EXAMINATION; THE SUSPECTED CAUSE AND MANNER OF DEATH; THE
 NAME  OF  THE  DECEASED'S EMPLOYER; A STATEMENT OF ANY REFERRALS MADE TO
 REGULATORY AGENCIES, SUCH AS THE DEPARTMENT OF LABOR OR THE OCCUPATIONAL
 SAFETY AND HEALTH ADMINISTRATION (OSHA); AND CONTACT INFORMATION FOR ANY
 RESPONDING LAW ENFORCEMENT.
   (C) THE ATTORNEY GENERAL MAY ALSO INDEPENDENTLY INITIATE  AN  INVESTI-
 GATION BASED ON OTHER CREDIBLE INFORMATION.
   (D) THE ATTORNEY GENERAL MAY REQUEST THE ASSISTANCE AND COOPERATION OF
 ANY  STATE,  LOCAL, OR FEDERAL AGENCY IN CONDUCTING INVESTIGATIONS UNDER
 THIS SECTION.
   4. IF, FOLLOWING AN INVESTIGATION,  THE  ATTORNEY  GENERAL  DETERMINES
 THAT  THERE  IS  A  REASONABLE  CAUSE  TO BELIEVE A CRIMINAL OFFENSE WAS
 COMMITTED, SUCH ATTORNEY GENERAL MAY PROSECUTE ANY EMPLOYER IN ANY COURT
 OF APPROPRIATE JURISDICTION WITHIN THE STATE.
   § 2. Subdivision 1 of section 671 of the  county  law  is  amended  by
 adding a new paragraph (c) to read as follows:
   (C) IF IT IS DETERMINED THAT THE DEATH IS SUGGESTIVE OF A WORK-RELATED
 FATALITY,  OR OCCURRED AS A RESULT OF CONDITIONS PRESENT AT THE INDIVID-
 UAL'S WORKPLACE, SHALL, WITHIN FORTY-EIGHT HOURS, NOTIFY THE  OFFICE  OF
 SPECIAL  INVESTIGATION  FOR WORK-RELATED FATALITIES IN THE DEPARTMENT OF
 LAW AND PROVIDE AN INCIDENT REPORT. SUCH INCIDENT REPORT SHALL  INCLUDE:
 THE  NAME  AND  AGE OF THE DECEASED; THE DATE, TIME, AND LOCATION OF THE
 DEATH; A SUMMARY OF THE FINDINGS OF  ANY  PRELIMINARY  INVESTIGATION  OR
 POST-MORTEM  EXAMINATION;  THE  SUSPECTED CAUSE AND MANNER OF DEATH; THE
 NAME OF THE DECEASED'S EMPLOYER; A STATEMENT OF ANY  REFERRALS  MADE  TO
 REGULATORY AGENCIES, SUCH AS THE DEPARTMENT OF LABOR OR THE OCCUPATIONAL
 SAFETY AND HEALTH ADMINISTRATION (OSHA); AND CONTACT INFORMATION FOR ANY
 RESPONDING  LAW ENFORCEMENT. THE CORONER OR MEDICAL EXAMINER SHALL COOP-
 S. 7990                             3
 
 ERATE WITH ANY SUBSEQUENT INVESTIGATION CONDUCTED BY THE ATTORNEY GENER-
 AL UNDER SECTION SEVENTY-D OF THE  EXECUTIVE  LAW,  INCLUDING  PROVIDING
 ACCESS TO AUTOPSY REPORTS, WITNESS INTERVIEWS, AND PHYSICAL EVIDENCE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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.