§ 44 — Workplace fatality registry; construction

New York § 44

• Jurisdiction: New York
• Law LAB: Labor
• Art. 2: The Department of Labor

Text

§ 44. Workplace fatality registry; construction. 1. Registry. The\ndepartment shall create and maintain a registry of workplace fatalities\nin the construction industry, which shall include information regarding\nall incidents under which a worker performing construction work suffers\na work-related fatal injury in the workplace. Such registry shall\ninclude the information reported to the department pursuant to\nsubdivisions three and four of this section, in addition to any\ninformation deemed pertinent by the commissioner as a result of any\ninvestigation, hearing, or other proceedings of the department.\n 2. Definitions. For the purposes of this section:\n a. "Worker" shall include, but not be limited to, direct employees,\ncontracted employees, subcontracted employees, independent contractors,\ntemporary or contingency workers, apprentices, interns, volunteers, or\nany other persons who perform duties at the direction and discretion of\na contractor or who provide services pursuant to a contract in the\nworkplace.\n b. "Contractor" shall include a direct employer, contractor, or\nsubcontractor. In the absence of a formal hiring agreement, the person\nwho directs or provides compensation to the worker shall be considered\nthe contractor unless such person is also directed and compensated by\nanother. In such cases, the persons successively above the worker in the\nemployment chain shall be considered the contractor. In the instance of\nthe death of an intern or volunteer, the entity directing such intern or\nvolunteer in his or her duties as such shall be considered the\ncontractor.\n c. "Workplace" shall include, but not be limited to, any location\nwhere a worker performs any work-related duty in the course of his or\nher employment, or any other site where the worker may be as a result of\ncontractor direction.\n d. "Construction" shall include, but not be limited to, any work\ninvolving the construction, reconstruction, alteration, rehabilitation,\nrepair, renovation, demolition, or installation of any building,\nstructure, or improvement, or in relation to the excavation of or other\ndevelopment or improvement to any land.\n 3. Seventy-two-hour reports. a. Each county coroner, medical examiner\nor other authorized official whose role is to register deaths, when\nmaking the determination as to the cause and manner of death, shall\ndetermine whether such death was the result of a work-related fatal\ninjury in the workplace and report all such workplace fatalities in the\nconstruction industry to the department within seventy-two hours of such\ndetermination.\n b. Information to be reported within seventy-two hours shall include,\nbut not be limited to:\n (i) the name of the worker;\n (ii) the age of the worker;\n (iii) the cause of death;\n (iv) the manner of death;\n (v) the location of death;\n (vi) the name of the contractor;\n (vii) the business address of the contractor;\n (viii) the name of the official or medical personnel making the\ndeclaration of death;\n (ix) the name of the person or persons charged with making the\ndetermination of the cause and manner of death; and\n (x) contact information for the office making notification to the\ndepartment, including contact information for the person or persons\nmaking the declaration of death, the person or persons determining the\ncause of death, and the person or persons determining the manner of\ndeath.\n 4. Ninety-day reports. a. Upon receiving a report pursuant to\nsubdivision three of this section, the department shall notify the\ncontractor that such death was determined to be the result of a\nwork-related fatal injury in the workplace and shall require the\ncontractor to submit additional information regarding such workplace\nfatality. The contractor shall provide such information to the\ndepartment no later than ninety days after receiving such notification.\n b. Information to be reported within ninety days shall include, but\nnot be limited to:\n (i) the name of the contractor;\n (ii) the business address of the contractor;\n (iii) the stated business purpose or industry of the contractor;\n (iv) the name and age of the worker;\n (v) the ethnicity of the worker, if known;\n (vi) the nationality of the worker, if known;\n (vii) the immigration status of the worker, if known;\n (viii) the craft, trade or occupation of the worker; and\n (ix) the union status of the worker.\n 5. Investigation. The department in its sole discretion may also:\n a. conduct an investigation into any work-related fatal injury in the\nworkplace involving a worker performing construction work;\n b. request additional information from a contractor in relation to\nsuch worker or such workplace fatality; and\n c. request information as to whether criminal or civil charges have\nbeen filed against the contractor in the death of the worker, including:\n (i) the details of such criminal or civil charges including the\ncharging officer or agency; and\n (ii) the actual criminal or civil charge or charges.\n 6. Reporting system. The department shall establish a reporting system\nfor the information required to be reported pursuant to subdivisions\nthree and four of this section.\n 7. Failure to report. Failure by any contractor to report the\ninformation required pursuant to subdivision four of this section within\nninety days of notification by the department that such death was the\nresult of a work-related fatal injury in the workplace shall be subject\nto a fine of not less than one thousand dollars nor more than two\nthousand five hundred dollars per failure to make such report.\n 8. Accessibility of registry. The department shall establish and\nmaintain an online database to make available all information and data\nregarding all workplace fatalities in the construction industry reported\nto the registry pursuant to this section. Such information shall be\nprovided in the aggregate and shall be electronically accessible and\nsearchable to the public, provided however, that in no event shall a\nworker's name or other personal identifying information be included in\nsuch database. The department shall update the database with the\ninformation reported to the registry pursuant to this section within\nfive business days of the receipt of such reports by the department.\n