2021 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 a worker 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.  "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
a  contractor  or  who  provide  services  pursuant to a contract in the
workplace.
  b. "Contractor"  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 worker shall  be  considered
the  contractor  unless  such person is also directed and compensated by
another. In such cases, the persons successively above the worker in the
employment chain shall be considered the 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
contractor.
  c. "Workplace" shall include, but not  be  limited  to,  any  location
where  a  worker  performs any work-related duty in the course of his or
her employment, or any other site where the worker may be as a result of
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,
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 worker;
  (ii) the age of the worker;
  (iii) the cause of death;
  (iv) the manner of death;
  (v) the location of death;
  (vi) the name of the contractor;
  (vii) the business address of the contractor;
  (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
contractor  that  such  death  was  determined  to  be  the  result of a
work-related fatal  injury  in  the  workplace  and  shall  require  the
contractor  to  submit  additional  information regarding such workplace
fatality.  The  contractor  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 contractor;
  (ii) the business address of the contractor;
  (iii) the stated business purpose or industry of the contractor;
  (iv) the name and age of the worker;
  (v) the ethnicity of the worker, if known;
  (vi) the nationality of the worker, if known;
  (vii) the immigration status of the worker, if known;
  (viii) the craft, trade or occupation of the worker; and
  (ix) the union status of the worker.
  5. Investigation. The department in its sole discretion may also:
  a. conduct an investigation into any work-related fatal injury in  the
workplace involving a worker performing construction work;
  b.  request  additional  information  from a contractor in relation to
such worker or such workplace fatality; and
  c. request information as to whether criminal or  civil  charges  have
been filed against the contractor in the death of the worker, 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 reporting system
for the information required to be  reported  pursuant  to  subdivisions
three and four of this section.
  7.  Failure  to  report.  Failure  by  any  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
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 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.
  * NB Effective December 23, 2021