East Elmhurst, NY — Today, State Senator Jose Peralta and the New Immigrant Community Empowerment (NICE) demanded a full investigation into the death of Edgar Pazmino, a construction worker killed at his workplace in Jamaica, Queens, on March 13. Pazmino, an Ecuadorian immigrant and member of NICE, was crushed against a wall by a forklift on 89th Avenue and 150th Street, a high-rise luxury construction site.
Additionally, Senator Peralta called on his colleagues in the New York State Senate to pass Carlos’ Law (S.4373B), legislation that would protect workers from employers who do not comply with safety protocols at construction sites. Under the proposal, which is co-sponsored by the Senator, fines and penalties will increase when an employer or supervisor “ignores, disregards or fails to comply with workplace safety by protocols or procedures, and that contributes directly to bodily injury, serious physical injury or the death of a worker.”
The legislation was named after Carlos Moncayo, a migrant worker who was killed in an accident at a construction site. Since Congress enacted the Occupational Safety Health Act (OSHA), there were more than 400,000 workplace fatalities. In 2016 alone, according to the U.S. Department of Labor, there were 5,190 work-related deaths, a 7% increase from the 4,836 fatalities reported the previous year.
“My heart goes out to the family, friends and co-workers of Edgar, a hard-working immigrant who lost his life while working at a construction site. Enough is enough. We must tackle this epidemic once and for all. It was troubling to find out that this particular construction site is plagued with safety violations, and that there were several stop work orders issued. In fact, last September there was a partial stop work order because a construction worker fell from the 8th to the 7th floor. Latino workers are disproportionately affected by accident in the workplace that result in death or serious injuries. It is time to put an end to this. It is my hope my colleagues in the Senate take note and finally pass Carlos’ Law,” said Senator Peralta.
“Our community is heartbroken by Edgar’s death. He will be remembered for his sense of humor and eagerness to participate,” said Manuel Castro, Executive Director of New Immigrant Community Empowerment (NICE), a worker center in Jackson Heights, Queens, of which Edgar was a member of. “Edgar’s memory must be honored by ensuring this does not happen again. His death could have been avoided.”
He added, “we believe New York can be doing much more to protect workers. With nearly 500 construction related deaths in the past decade, this is a crisis that must be addressed urgently. We implore our representatives to support Carlos’ Law – legislation that could have helped Edgar and many others. Finally, we ask for prayers and support for the family in their time of mourning.”
According to published reports, the site has 37 open violations issued by the Environmental Control Board. The Department of Buildings issued a full stop work order on December.
