The attorney general’s office indicted Park in November 2016, stemming from the July 2015 incident at the Park Family Farm, located at 3036 East River Road in Homer. In his Thursday court appearance, Park admitted that Alex Smith, a 14-year-old boy, was killed while working on his dairy farm.
“This incident is a tragic reminder that child-labor laws exist for a reason. My office will continue to prosecute to the fullest extent of the law anyone who puts a minor in harm’s way,” Underwood said in the news release.
The court ordered Park to return for sentencing on Jan. 3, 2019.
Background
The boy was operating a skidloader with a hydraulic lift and fork attachment, “which is explicitly prohibited by child-labor laws,” in an attempt to prepare bales of hay for cow feed, Underwood’s office said.
Park admitted that he found the boy’s body pinned underneath the hydraulic lift and bale of hay, with the engine of the Skidloader still running. The medical examiner’s autopsy concluded that the boy’s chest and abdomen were crushed, resulting in his death by “mechanical asphyxiation.”
In addition, Park admitted that he employed other minors on his dairy farm and required them to work about 60 hours a week, which exceeds the 48 hour per week maximum for 16- and 17-year-olds when school is not in session. Park also admitted that the majority of his employees were paid off-the-books, “resulting in an underpayment” in unemployment-insurance contributions amounting to about $10,500.
“Of all the labor violations we see, those against children are some of the most abhorrent. Endangering the welfare of New York’s children by violating the labor laws is absolutely unacceptable,” Roberta Reardon, New York State Commissioner of Labor, said in the news release. “Children are our most valuable asset and compliance with the Child Labor Law is not discretionary – it’s mandatory.”
New York’s Child Labor Law “sets forth some of the strictest guidelines in the country” on the employment of minors. The law outlines safety guidelines “with certain absolute prohibitions,” including the operation of hydraulic-lift machinery. The law also seeks to ensure that burdensome working hours do not interfere with a child’s education. For example, minors that are 16- and 17-years old are limited to working no more than 28 hours in any week when school is in session, and 48 hours per week when on vacation or over the summer.
The law also requires that minors obtain an employment certificate (working papers) in order to be employed. There are exceptions for jobs such as babysitting and newspaper carriers.
Contact Reinhardt at ereinhardt@cnybj.com