Bill Text: NY S03292 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [S03292 Detail]
Download: New_York-2019-S03292-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3292--B Cal. No. 359 2019-2020 Regular Sessions IN SENATE February 5, 2019 ___________ Introduced by Sens. RAMOS, ADDABBO, BIAGGI, GOUNARDES, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KENNEDY, MAY, MAYER, METZGER, MYRIE, PERSAUD, SANDERS, SKOUFIS, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Labor in accord- ance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the labor law, in relation to establishing a registry of workplace fatalities to record information pertaining to all incidents under which an employee suffers a fatal injury The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new section 44 to read 2 as follows: 3 § 44. Workplace fatality registry. 1. Registry. The department shall 4 create and maintain a registry of workplace fatalities. The registry 5 shall include information regarding all incidents under which an employ- 6 ee suffers a fatal injury at their workplace. 7 2. Definitions. For the purposes of this section: 8 a. "Employee" shall include, but not be limited to, direct employees, 9 contracted employees, subcontracted employees, independent contractors, 10 temporary or contingency workers, incarcerated persons participating in 11 work programs for remuneration or credit, apprentices, interns, volun- 12 teers, or any other persons who perform duties at the direction and 13 discretion of an employer. 14 b. "Employer" shall include a direct employer, contractor, or subcon- 15 tractor. In the absence of a formal hiring agreement, the person who 16 directs or provides compensation to the employee shall be considered the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09276-04-9S. 3292--B 2 1 employer unless such person is also directed and compensated by another. 2 In such cases, the persons successively above the employee in the 3 employment chain shall be considered the employer. 4 c. "Workplace" shall include, but not be limited to, an employee's 5 location of direct employment, remote sites in the scope of performance 6 of the employee's duties, or any other site where the employee may be as 7 a result of employer direction. 8 3. Seventy-two-hour reports. a. Each county coroner, medical examiner 9 or other authorized official whose role is to register deaths shall 10 report all workplace fatalities to the department within seventy-two 11 hours of declaration of death, including any fatalities resulting from 12 earlier work place injuries. 13 b. Information to be reported within seventy-two hours shall include, 14 but not be limited to: 15 (i) the name of the employee; 16 (ii) the age of the employee; 17 (iii) the occupation of the employee; 18 (iv) the cause of death, if such cause of death has been determined 19 within the seventy-two hours; 20 (v) the manner of death; 21 (vi) the location of death; 22 (vii) the name of the employer; 23 (viii) the business address of the employer; 24 (ix) the stated business purpose or industry of the employer; 25 (x) the name of the official or medical personnel making the declara- 26 tion of death; 27 (xi) the name of the person or persons charged with making the deter- 28 mination of the cause and manner of death; and 29 (xii) contact information for the office making notification to the 30 department, including contact information for the person or persons 31 making the declaration of death, the person or persons determining the 32 cause of death, and the person or persons determining the manner of 33 death. 34 4. Ninety-day reports. a. Information shall be reported to the depart- 35 ment by the official of each county who is charged with investigating 36 fatal incidents no later than ninety days after the declaration of 37 death. 38 b. Information to be reported within ninety days shall include, but 39 not be limited to: 40 (i) the cause of death of the employee, when such cause of death has 41 not been previously determined and reported in the seventy-two-hour 42 report; 43 (ii) the race of the employee; 44 (iii) the ethnicity of the employee; 45 (iv) the nationality of the employee; 46 (v) the immigration status of the employee; 47 (vi) the union status of the employee; 48 (vii) whether criminal or civil charges have been filed against the 49 employer in the death of the employee and, for incidents where charges 50 have been filed: 51 (1) the details of such criminal or civil charges including the charg- 52 ing officer or agency; and 53 (2) the actual criminal or civil charge or charges; 54 (viii) the name of the person charged with making the determinations 55 and reporting the information required by this section; andS. 3292--B 3 1 (ix) contact information for the office making notification to the 2 department, including contact information for the person or persons 3 charged with making the determinations and reporting the information 4 required by this section. 5 5. Reporting system. The department shall establish a telephone 6 reporting system for the information required to be reported pursuant to 7 this section within ninety days of the effective date of this section. 8 The department shall also establish an online electronic information 9 reporting system for the information required to be reported pursuant to 10 this section within twelve months of the effective date of this section. 11 6. Failure to report. Failure by a county coroner, medical examiner, 12 other authorized official whose role is to register deaths, or county 13 official charged with investigating fatal incidents to make seventy-two- 14 hour or ninety-day reports in a timely manner shall be subject to a fine 15 of not less than one thousand dollars nor more than two thousand five 16 hundred dollars per failure to make such seventy-two-hour or ninety-day 17 report. 18 7. Accessibility of registry. The registry shall be published elec- 19 tronically in a publicly accessible database on the department's 20 website. The database shall be published in a manner by which all infor- 21 mation required pursuant to subdivisions three and four of this section, 22 except that the victim's name shall be replaced by a unique identifica- 23 tion number generated by the department, is accessible and searchable. 24 The department shall publish the information reported in seventy-two- 25 hour and ninety-day reports within one business day of the receipt of 26 such reports by the department. 27 § 2. This act shall take effect on the one hundred twentieth day after 28 it shall have become a law; provided, however, that any death subject to 29 the provisions of this act that occurs on or after the day on which this 30 bill shall have become a law shall be subject to the reporting 31 provisions of this act and shall be reported within thirty days after 32 such death. Effective immediately, the addition, amendment and/or 33 repeal of any rule or regulation necessary for the implementation of 34 this act on its effective date are authorized to be made and completed 35 on or before such effective date.
