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Governor Hochul Signs Legislation Establishing ‘Carlos' Law’ - Legislation ‘Amends’ Penal Law ‘To Add’ Criminal Corporate Liability For The Death Or Serious Physical Injury Of An Employee

Published Thursday, December 29, 2022
by Governor Hochul’s Press Office
Governor Hochul Signs Legislation Establishing ‘Carlos' Law’ - Legislation ‘Amends’ Penal Law ‘To Add’ Criminal Corporate Liability For The Death Or Serious Physical Injury Of An Employee

(ALBANY, NEW YORK) - Governor Kathy Hochul has signed legislation establishing Carlos' Law, which amends the New York State Penal Law to increase the penalties for criminal corporate liability for the death or serious physical injury of an Employee, a felony or misdemeanor, by a fine of up to $500,000. 

"Construction Workers are the engine that keep our economy moving and they deserve strong protections under the law," Governor Hochul said. "This legislation will add a new layer of accountability for safety protocols and will establish important protections for the individuals who do this vital, difficult, and often dangerous work.  I thank the Bill sponsors for their partnership in getting this done and I hope that this provides a measure of comfort to the family and loved ones of Carlos." 

Carlos' Law (S.621B/A.4947B) creates greater accountability for tragic and avoidable injury to Workers at New York construction sites.

Under the new legislation, a corporation is guilty of criminal corporate liability for the death or injury of a Worker when it negligently, recklessly, intentionally or knowingly causes the death or serious physical injury of its Employees while they are on the job.

The legislation is named after Carlos Moncayo, a 22-year-old Construction Worker who tragically died at a New York City construction site in 2015. 

Laborers/LIUNA Eastern Region Vice President Mike Hellstrom said: "We applaud the Governor for signing Carlos' Law.  One Construction Worker is killed on the jobsite in New York every five to six days.  This Bill, which would allow for a penalty up to fifty times more than Carlos' employer was hit with will first and foremost be a deterrent.  The Legislature and Governor Hochul recognize that the virtual epidemic of dead Construction Workers has to end. In this piece of legislation, we take a great leap forward towards that goal.  We thank them for their support of New York's Working People."

Mason Tenders District Council Business Manager Mike Prohaska said: "Construction is an inherently dangerous business, but it doesn't have to be a deadly one.  Bad actors seek out the most exploitable Workers to man their jobsites.  In about four out of every five deaths the victim is an Immigrant without Union Representation.  On our jobsites, we protect the Workers.  We thank Governor Hochul for standing up for those Workers who aren't fortunate enough to be Unionized."

To Read This Labor News Story In Its Entirety, Go To: www.governor.ny.gov/news/governor-hochul-signs-legislation-establishing-carlos-law

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