BILL NUMBER: S7990
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the executive law and the county law, in relation to
establishing the office of special investigation for work-related fatal-
ities
 
PURPOSE:
To create a statutory framework for the independent investigation and
prosecution of workplace fatalities in New York State. It establishes
the Office of Special Investigation for Work-Related Fatalities within
the Office of the Attorney General and provides that the Attorney Gener-
al shall have investigatory and criminal jurisdiction over fatalities
that take place during the course of employment.
 
SUMMARY OF PROVISIONS:
Section one of the bill creates a new section 70-d of the executive law
to create the Office of Special Investigation for Work-Related Fatali-
ties; defines key terms such as "employee," "employer," "workplace," and
"work-related fatality"; grants the Attorney General investigatory and
prosecutorial authority for any fatality arising from or during the
course of employment; mandates reporting of such fatalities by local law
enforcement, district attorneys, the Department of Labor, coroners and
medical examiners; authorizes the Attorney General to prosecute in any
court of criminal jurisdiction within the state upon finding reasonable
cause to believe a criminal offense occurred.
Section two amends subdivision 1 of section 671 of the county law to add
a new paragraph (c) to require coroners and medical examiners, within 48
hours of determining a fatality may be work-related, to report it to the
Attorney General's Office of Special Investigation for Work-Related
Fatalities
Section three establishes the effective date.
 
JUSTIFICATION:
This bill ensures that every work-related fatality in New York is inde-
pendently reviewed by a neutral, statewide authority. By authorizing the
Attorney General to investigate and, when warranted, prosecute such
fatalities, the bill reinforces New York's commitment to worker safety.
It mirrors the structure of Executive law § 70-b, which applies to
deaths involving law enforcement officers, and reflects the same princi-
ple.
Workplace fatalities in New York State remain a pressing concern.
According to the U.S. Bureau of Labor Statistics, there were 251 fatal
occupational injuries in New York State in 20221. These incidents span
various industries, including construction, manufacturing, agriculture,
and transportation.
While agencies like the Department of Labor and OSHA can impose civil
penalties, there is currently no standardized mechanism to ensure that
work-place fatalities are thoroughly investigated from a criminal
justice perspective.
This legislation addresses that gap by establishing the Office of
Special Investigation for Work-Related Fatalities within the Office of
the Attorney General. This office will have the authority to conduct
independent investigations and, where appropriate, prosecute cases
involving workplace fatalities.
The bill also mandates reporting from local law enforcement, district
attorneys, medical examiners, and the Department of Labor, facilitating
prompt and coordinated responses to workplace fatalities.
Furthermore, this legislation promotes equity and justice. Data indi-
cates that Hispanic or Latino workers accounted for 41A of workplace
fatalities in New York City, despite representing a smaller percentage
of the workforce2. By ensuring independent investigations, the bill aims
to protect vulnerable worker populations who are disproportionately
affected by workplace hazards.
In summary, this bill reinforces New York State's commitment to worker
safety and justice by ensuring that all workplace fatalities are
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become a
law.
(1) U.S. Bureau of Labor Statistics. "Fatal occupational injuries in New
York (including N.Y.C)." 2022.
(2) Insurance Journal. "Report Cites Increase in Worker Fatalities
Across New York." March 7, 2025 subject to thorough, independent inves-
tigations and that responsible parties are held accountable.

Statutes affected:
S7990: 671 county law, 671(1) county law