On December 12th, 2022, Governor Kathy Hochul signed legislation establishing Carlos’ Law. Under this bill, corporate criminal liability for death or serious physical injury of an employee, whether a felony or misdemeanor, will be increased by a fine of up to $500,000.
Carlos’ Law is named after Carlos Moncayo, a 22-year-old construction worker who tragically died at a New York City construction site in 2015. He was killed in the workplace because his employer ignored the repeated warnings of the dangerous conditions he was placed in.
This law raises the financial penalties employers may face for workplace fatalities from a minimum of $5,000 and a maximum of $10,000 to a minimum of $300,000 and a maximum of $500,000. 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 on the job.
The law will do the following:
- Impose criminal liability on a corporation when the conduct constituting the offense is committed by an agent of the corporation while acting within the scope of their employment and on behalf of the corporation, and the offense is “in relation to a crime involving the death or injury of a worker
- Require a court to set restitution or reparations when a corporation is found guilty of an offense involving the death or injury of a worker
- Impose a fine of not less than $500,000 nor more than $1 million when a corporation is convicted of a felony involving the death or injury of a worker
- Impose a fine of not less than $300,000 nor more than $500,000 when a corporation is convicted of a misdemeanor involving the death or injury of a worker
The ultimate goal of Carlos’ Law is to – “increase punitive measures so that corporations and their agents who ignore or fail to follow safety protocols and procedures and put workers at risk are less likely to write off serious workplace injuries as a minimal cost of doing business, and more likely to give workplace safety the serious attention it requires.”
Stay Compliant, Partner With GMS
As a business owner, it’s essential that you take all steps necessary to ensure the safety of your employees. The last thing you want is for an employee to get injured on the job. Add the hefty penalties you could face for not complying with the laws and regulations within each state. Whether you have a business in New York or not, there are always rules in place to ensure you provide a safe work environment for your workers. When you partner with GMS, our safety experts ensure you’ve created a culture of safety to minimize any risks your employees’ daily activities may carry. We help you take a proactive approach to workplace safety through various services, including:
- Onsite consulting
- Jobsite inspections
- Accident and injury investigations
- Job hazard analysis and standard operating procedures
- OSHA inspection and citation assistance
Make your work environment a safer place, contact us today.