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This entry was published on 2021-12-24
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SECTION 44
Workplace fatality registry; construction
Labor (LAB) CHAPTER 31, ARTICLE 2
§ 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 a worker 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
information deemed pertinent by the commissioner as a result of any
investigation, hearing, or other proceedings of the department.

2. Definitions. For the purposes of this section:

a. "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
a contractor or who provide services pursuant to a contract in the
workplace.

b. "Contractor" shall include a direct employer, contractor, or
subcontractor. In the absence of a formal hiring agreement, the person
who directs or provides compensation to the worker shall be considered
the contractor unless such person is also directed and compensated by
another. In such cases, the persons successively above the worker in the
employment chain shall be considered the 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
contractor.

c. "Workplace" shall include, but not be limited to, any location
where a worker performs any work-related duty in the course of his or
her employment, or any other site where the worker may be as a result of
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,
structure, 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 worker;

(ii) the age of the worker;

(iii) the cause of death;

(iv) the manner of death;

(v) the location of death;

(vi) the name of the contractor;

(vii) the business address of the contractor;

(viii) the name of the official or medical personnel making the
declaration of death;

(ix) the name of the person or persons charged with making the
determination 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
subdivision three of this section, the department shall notify the
contractor that such death was determined to be the result of a
work-related fatal injury in the workplace and shall require the
contractor to submit additional information regarding such workplace
fatality. The contractor shall provide such information to the
department no later than ninety days after receiving such notification.

b. Information to be reported within ninety days shall include, but
not be limited to:

(i) the name of the contractor;

(ii) the business address of the contractor;

(iii) the stated business purpose or industry of the contractor;

(iv) the name and age of the worker;

(v) the ethnicity of the worker, if known;

(vi) the nationality of the worker, if known;

(vii) the immigration status of the worker, if known;

(viii) the craft, trade or occupation of the worker; and

(ix) the union status of the worker.

5. Investigation. The department in its sole discretion may also:

a. conduct an investigation into any work-related fatal injury in the
workplace involving a worker performing construction work;

b. request additional information from a contractor in relation to
such worker or such workplace fatality; and

c. request information as to whether criminal or civil charges have
been filed against the contractor in the death of the worker, including:

(i) the details of such criminal or civil charges including the
charging officer or agency; and

(ii) the actual criminal or civil charge or charges.

6. Reporting system. The department shall establish a reporting system
for the information required to be reported pursuant to subdivisions
three and four of this section.

7. Failure to report. Failure by any 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
maintain 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 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.