A new law in New York expands the definition of “workers” and puts more responsibility on contractors to report fatalities to a state registry of on-the-job construction deaths, including demographic data about victims, according to www.constructiondive.com.
New York Senate Bill S1302 was signed into law Feb. 16 and amends previous language about workers to include “direct employees, contracted employees, subcontracted employees, independent contractors, temporary or contingency workers, apprentices, interns, volunteers” and other individuals. It also expands use of the term “contractor” to apply to a direct employer, contractor or subcontractor.
Text submitted with the bill explains how the definition of a workplace fatality differed among New York’s 58 county coroners and medical examiners and stated its intent is to accurately capture all on-the-job deaths in construction and work toward improving the safety and health of those on construction sites; on-the-job deaths in construction accounted for one in five private sector workplace fatalities in 2018.
The legislation requires all coroners and medical examiners to report construction industry workplace deaths within 72 hours to New York State’s Department of Labor, which maintains the registry.
Once the information is catalogued, DOL must request further information from contractors about the incident and death, including age, ethnicity, nationality, immigration and union status, and the craft or trade of the worker. DOL also may request whether criminal or civil charges have been filed against the contractor regarding the worker’s death.
Contractors have 90 days to respond or face penalties ranging from $1,000 to $2,500 per occurrence.
