NY State Senate Bill 2019-S8828

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

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	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

Votes

- Jul 23, 2020 - Floor Vote
  S8828
  
  57
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 23, 2020
      
      aye (57)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (3)
      
      Jordan
      
      Ortt
      
      Ranzenhofer
  Jul 22, 2020 - Rules Committee Vote
  S8828
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 22, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Ortt
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

2019-S8828 (ACTIVE) - Details

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

2019-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.

2019-S8828 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8828

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation 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-related fatal injury

 
PURPOSE OR GENERAL IDEA OF THE BILL:

New York has always been a state that respects and prizes the workforce.
Proactive measures that protect workers' health and safety have histor-
ically been a hallmark of our state's agenda. However, without accurate
data, it is difficult to fulfill that agenda. There is little informa-
tion on workplace fatalities throughout New York, and what information
exists is often anecdotal or skewed by local policies.

 
SUMMARY OF PROVISIONS:

This measure would require the Department of Labor to establish a
publicly accessible and searchable online registry of workplace fatali-
ties. Coroners would be required to report job-site deaths along with
basic information within 72 hours of the declaration of death, and to
file a follow-up report with more in-depth information within 90 days.

 
JUSTIFICATION:

Until recently, the New York City Department of Buildings only consid-
ered deaths that involved violations of the city's construction code to
be workplace fatalities. Shockingly, those involving workplace safety
violations but not city code violations were not considered. For exam-
ple, when construction worker Alton Louis died at an affordable housing
project at 149 Kent Avenue in Brooklyn-a death the federal Occupational
Safety and Health Administration (OSHA) deemed a workplace fatality the
developer was not required to report the fatality or any details of the
incident to the city agencies with which they work. The death was
neither investigated nor included in the Department of Buildings' tally
of workplace fatalities.

With 58 county coroners or medical examiners in New York State (New York
City's five counties are consolidated under the Office of the City
Medical Examiner), any number of variations of what constitutes a work-
place fatality may exist. Local municipalities, OSHA and the Federal
Bureau of Labor Statistics at times may all have different statistics on
the number of deaths on the job. Without an accurate, centralized regis-
try, containing circumstances of workplace deaths accompanied by demo-
graphic data on the victims, the legislature cannot tailor remedies to
protect those most at risk.

The construction industry has the most reliable information on workplace
fatalities, thanks to the New York Committee for Occupational Safety &
Health's (NYCOSH) annual report entitled Deadly Skylines. In its 2019
report, NYCOSH concluded there were at least 69 fatalities on New York
construction sites in 2017 a rate of one every five days however, due to
county by county variables, that figure is likely higher. The report
also concludes that: 86.7% of fatalities occurred on sites where the
workers are not represented; that Latino workers are more likely to die
on the job than non-Latinos; and that workers ages 55-to-64 are most
likely to be killed at work. In order to determine how to properly
protect the most vulnerable employees, the collection and maintenance of
accurate, current and complete data is essential.

This task falls on New York State because the federal government has
abdicated its responsibility in these matters. Of the 69 fatalities
cited in NYCOSH's report, only OSHA investigated 30, leaving 56% of
those workplace deaths uninvestigated. Further, the federal Bureau of
Labor Statistics will not release data on 2018 fatalities until December
2019, almost a year later. Therefore, the federal government cannot be
counted on as a reliable and timely source of information when New York
workers are killed on the job.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day after it
shall have become a law; provided, however, that any death subject to
the provisions of this act that occurs on or after the day on which this
bill shall have become a law shall be subject to the reporting
provisions of this act and shall be reported within thirty days after
such death. 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.

2019-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

                       [ ] is old law to be omitted.
                                                            LBD09276-09-0

 S. 8828                             2

   C.  "WORKPLACE"  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, ANY LOCATION
 WHERE AN EMPLOYEE PERFORMS ANY WORK-RELATED DUTY IN THE COURSE OF HIS OR
 HER EMPLOYMENT, OR ANY OTHER SITE WHERE THE EMPLOYEE MAY BE AS A  RESULT
 OF EMPLOYER 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;
   (II) THE AGE OF THE EMPLOYEE;
   (III) THE CAUSE OF DEATH;
   (IV) THE MANNER OF DEATH;
   (V) THE LOCATION OF DEATH;
   (VI) THE NAME OF THE EMPLOYER;
   (VII) THE BUSINESS ADDRESS OF THE EMPLOYER;
   (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
 THAT SUCH DEATH WAS DETERMINED TO BE THE RESULT OF A WORK-RELATED  FATAL
 INJURY  IN  THE WORKPLACE AND SHALL REQUIRE THE EMPLOYER TO SUBMIT ADDI-
 TIONAL INFORMATION REGARDING SUCH WORKPLACE FATALITY. THE EMPLOYER 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 EMPLOYER;
   (II) THE BUSINESS ADDRESS OF THE EMPLOYER;
   (III) THE STATED BUSINESS PURPOSE OR INDUSTRY OF THE EMPLOYER;
   (IV) THE NAME AND AGE OF THE EMPLOYEE;
   (V) THE ETHNICITY OF THE EMPLOYEE;
   (VI) THE NATIONALITY OF THE EMPLOYEE;
   (VII) THE IMMIGRATION STATUS OF THE EMPLOYEE, IF KNOWN;
   (VIII) THE CRAFT, TRADE OR OCCUPATION OF THE EMPLOYEE; AND
   (IX) THE UNION STATUS OF THE EMPLOYEE.
   5. INVESTIGATION. THE DEPARTMENT IN ITS JURISDICTION MAY ALSO:
   A. CONDUCT AN INVESTIGATION INTO ANY WORK-RELATED FATAL INJURY IN  THE
 WORKPLACE INVOLVING AN EMPLOYEE PERFORMING CONSTRUCTION WORK;

 S. 8828                             3
 
   B. REQUEST ADDITIONAL INFORMATION FROM AN EMPLOYER IN RELATION TO SUCH
 EMPLOYEE OR SUCH WORKPLACE FATALITY; AND
   C.  REQUEST  INFORMATION  AS TO WHETHER CRIMINAL OR CIVIL CHARGES HAVE
 BEEN FILED AGAINST THE EMPLOYER IN THE DEATH OF THE EMPLOYEE, 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 TO REPORT  THE  INFORMA-
 TION 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 NAME OR OTHER PERSONAL IDENTIFYING INFORMATION BE INCLUDED IN
 SUCH  DATABASE. THE DEPARTMENT SHALL UPDATE THE DATABASE WITH THE INFOR-
 MATION REPORTED TO THE REGISTRY PURSUANT TO  THIS  SECTION  WITHIN  FIVE
 BUSINESS DAYS OF THE RECEIPT OF SUCH REPORTS BY THE DEPARTMENT.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that any death 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 reporting provisions
 of  this  act and shall be reported within thirty days after such death.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.

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