For Immediate Release
June 10, 2016

Contact: Gonzalo Mercado,

Construction Company Convicted of “Manslaughter” sets “Historic Precedent” for Workplace Safety Regulations

Los Angeles, CA — On Friday, Manhattan District Attorney Cyrus R. Vance, Jr. announced the conviction of HARCO CONSTRUCTION LLC (“HARCO”) for “recklessly causing the death of a 22-year-old construction worker, Carlos Moncayo, by failing to heed and address unsafe work conditions at a construction site in the Meatpacking District, contributing to the collapse of an excavation pit and the death of the victim”. HARCO was convicted of Manslaughter in the Second Degree, as well as Criminally Negligent Homicide and Reckless Endangerment. The sentencing is expected to take place in July 13 2016.

Gonzalo Mercado, Executive Director of La Colmena in Staten Island NY issued the following statement:

“Today’s decision sets a historic precedent in a city were too many workers have lost their lives in preventable constructions accidents. No more slaps on the wrist for bad employers that put profits over workers’ safety. Our hearts are with the Moncayo family and  all of those we’ve lost in past accidents”

Omar Henriquez Regional Organizer at the National Day Laborer Organizing Network said:

“The guilty verdict will not bring Carlos Moncayo back to life, but it puts contractors on notice: if one of your workers gets killed on the job, you are responsible and will face the consequences. No more free rides for irresponsible contractors.”

Cal Soto, Workers Rights Coordinator at the National Day Laborer Organizing Network said:

“We are encouraged by the DA’s successful efforts to bring justice to the family of Carlos Moncayo. Carlos Moncayo’s death and the trial of his murderers has shined a spotlight on the entirely avoidable fatal conditions that persist in worksites throughout the country due to weak and selectively enforced health and safety regulations.

“The workers that were present throughout the trial know these dangers firsthand, as they are often compelled to assume the risks taken by their employers for fear of retaliation. Together, we will continue to advocate for safe workplaces, employer accountability, and protection against retaliation for reporting health and safety violations.”

Advocates from many organizations participated in a rally outside of the courtroom in support of Carlos Moncayo including, the Building and Construction Trades Council of Greater New York, National Day Laborer Organizing Network (NDLON) and its member organizations, New Immigrant Community Empowerment (NICE), The New York Committee for Occupational Safety and Health (NYCOSH), Wind of the Spirit, Workers’ Justice Project and Workplace Project, La Colmena, El Centro del Immigrante and Obreros Unidos de Yonkers, among others.


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