2020 New York Laws
LAB - Labor
Article 2 - The Department of Labor
44 - Workplace Fatality Registry; Construction.

* §  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
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.  "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
workplace.
  b.  "Employer"  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 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.
  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,
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 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
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
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  additional  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;
  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
charging 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
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 an
employee'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.
  * NB Effective April 22, 2021