N.Y. Labor Law § 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.