S T A T E O F N E W Y O R K
________________________________________________________________________
974
2021-2022 Regular Sessions
I N A S S E M B L Y
January 6, 2021
___________
Introduced by M. of A. DE LA ROSA -- read once and referred to the
Committee on Labor
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
A. 974 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
A. 974 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
A. 974 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.