Construction Industry Fatality Registry Law
In 2020, the Construction Industry Fatality Registry was created by New York State legislation, Labor Law Section 44 . This law requires the New York State Department of Labor (NYS DOL) to maintain a public registry of workplace fatalities in the construction industry based on reports it receives from county coroners, medical examiners, and other authorized officials whose role is to register deaths. Contractors facing a work-related fatal injury in their workplace will also need to provide information to NYS DOL. This guide includes important information for these reporting officials, as well as involved contractors who will be contacted by DOL for additional information.
Construction Industry Fatalities Database
Note: The data presented on the above database is the most up-to-date information reported to the Department of Labor by county coroners, medical examiners, and other authorized officials as mandated by law. This database is updated as reports are submitted to the Department of Labor.
Learn More Additional Information for Reporting Officials and Contractors
F.A.Q. Frequently Asked Questions
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Does the law allow for DOL enforcement against coroners and other authorized reporters for failing to provide a 72 hour report? |
There is no specific enforcement mechanism included in this law for such failures. DOL has conducted direct outreach statewide to reporters about compliance requirements and will continue to do so. |
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Does the law allow for DOL enforcement against contractors that fail to comply with the 90 day report requirement?
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Yes, this law includes specific monetary penalties of $1,000-$2,500 per failure to report. DOL will first attempt to get contractors to cooperate and share the required information and has discretion to assess penalties against those who, upon request, fail to do so within 90 days. |
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Why does the registry omit individualized data in relation to particular construction industry fatalities—for instance, the name of contractors?
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The law specifically states that DOL shall only share information in aggregate form. State privacy laws further limits disclosure of certain individual personal data. |
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Will DOL be publishing demographic data in the registry?
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DOL will only publish aggregate demographic data—for instance ethnicity, national origin, and immigration status—when sufficient data has been reported to minimize legitimate public policy and privacy concerns about associating such data with individual workers. DOL anticipates that many contractors will lack actual knowledge in relation to specific demographic characteristics of their workforce, and while DOL will be seeking to collect it, DOL will not be penalizing contractors for failing to provide it. |
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Why doesn’t DOL conduct safety and health investigations upon learning of fatalities at particular construction worksites?
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USDOL’s Occupational Safety and Health Administration (OSHA) has jurisdiction over private-sector fatality investigations in New York State. DOL’s jurisdiction to conduct such investigations is limited to public employers by law. |
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Why is OSHA able to share the names and other details in relation to individual fatalities?
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OSHA is not bound by any of the statutory limitations contained in the Construction Fatality Registry law nor by other New York state confidentiality/privacy laws. |
Inquiries about the Construction Fatality Registry can be emailed to [email protected]