*§28-103.21 Incident Lists

The commissioner shall, by January 2018 and monthly hereafter, post on the department's website, in a machine-readable format, a list of every incident, reported to the department in accordance with section 28-103.21.1, that occurred on every construction site where construction work subject to permitting by the commissioner resulted in (i) a fatality to any individual, including a member of the general public or a construction worker, or (ii) an injury to any individual, including a member of the general public or a construction worker, that requires transport by emergency medical services or requires immediate emergency care at a hospital or offsite medical clinic, regardless of whether such incident involved a violation of this code or any other law or rule. Such list shall identify, at a minimum, the following information for each incident that the department is required to report on pursuant to this section:

1. The owner of the site where the incident occurred;
2. If the incident involved a construction worker, the name of the general contractor or the subcontractor who employed such worker at the time of the incident;
3. A detailed description of the incident, including the nature of the work being performed at the time of the incident;
4. Violations issued by the department as a result of the incident and to whom such violations were issued;
5. The number of persons injured and/or killed in the incident, and whether such persons were members of the public, construction workers or other persons;
6. If the incident involved an injury, a description of the type of injury;
7. Whether the incident involved a fatality;
8. The date and time of the incident;
9. The address where the incident occurred;
10. The total square footage of the site where the incident occurred;
11. The number of floors and height of the building involved where the incident occurred or, in the case of a new building, the proposed number of floors and proposed height;
12. A list of active permits issued by the department associated with the construction site where an incident occurred, disaggregated by type;
13. If the incident involved a construction worker, the length of time the injured or deceased worker had been employed by their employer at the time of the incident;
14. If the incident involved a construction worker, the number of hours the injured or deceased worker had been working when the incident occurred;
15. If the incident involved a construction worker, whether or not the injured or deceased worker was a union member; and
16. Whether or not the construction site where the incident occurred was a union site.

*Section 28-103.21 was amended by Local Law 78 of 2017. This law has an effective date of May 10, 2017.

Where construction work subject to permitting by the commissioner that results in a fatality or injury to any individual, including a member of the general public or a construction worker, occurs on a construction site within the city, the owner or person otherwise in control of the site at which such incident occurred, or, if the incident involved a construction worker, the general contractor or subcontractor that employed such worker, shall report to the department, within three business days after the occurrence of such incident, the information required by section 28-103.21.

*Section 28-103.21.1 was added by Local Law 78 of 2017. This law has an effective date of May 10, 2017.