The OSHA inspection.

by | Mar 14, 2023 | Human Resource Manegement

 

 

 

 

 

Assume that a fatality occurred at your facility one month prior to the OSHA inspection. Review the citations and penalties that were assessed to your facility, and respond to the following questions:

Which of the citations could be referred to the U.S. DOJ for criminal proceedings?

What conditions would have to be met before the citations could be referred for criminal proceedings?

Which individuals working at your facility could face criminal charges under the act?

What would be the maximum prison sentence and fines that any individual would face?

What would be the maximum fine that the company would face?

If you were facing criminal charges under the act, what would be your best defense?

How could you involve the OSHRC in the criminal case(s)?

 

 

Sample Solution

The Occupational Safety and Health Act allows for workplace fatalities to be referred to the U.S. Department of Justice (DOJ) for criminal proceedings if it is determined that an employer acted with “willful or repeated” violations of a safety standard or demonstrated a “plain indifference” to employee safety. Examples of willful violations include knowingly violating regulations, failing to provide adequate safeguards, or creating hazardous conditions that are clearly likely to cause death or serious physical harm. The DOJ has discretion in deciding whether to pursue criminal charges against an individual or company, but typically reserves prosecution for more egregious cases involving intentional disregard for worker safety.

Sample Solution

The Occupational Safety and Health Act allows for workplace fatalities to be referred to the U.S. Department of Justice (DOJ) for criminal proceedings if it is determined that an employer acted with “willful or repeated” violations of a safety standard or demonstrated a “plain indifference” to employee safety. Examples of willful violations include knowingly violating regulations, failing to provide adequate safeguards, or creating hazardous conditions that are clearly likely to cause death or serious physical harm. The DOJ has discretion in deciding whether to pursue criminal charges against an individual or company, but typically reserves prosecution for more egregious cases involving intentional disregard for worker safety.

In order for any citations issued by OSHA to be referred for criminal proceedings, there must first be evidence demonstrating that the employer willfully disregarded standards and/or exhibited plain indifference towards employee safety as outlined above. This evidence may come from interviews with employees, inspection reports, written documents detailing specific warnings about potential hazards, etc. Depending on the circumstances surrounding the fatalities at your facility, individuals such as owners/executives could face criminal charges under the act including up 3 years imprisonment and fines of up $250 000 while company itself could face fine maximum $500 000 .

If facing criminal charges best defense would involve showing lack knowledge regard applicable industry standards lack intent commit crime various other factors like extenuating circumstances nature accident etc… Additionally involving OSHRC case possible since court has authority review findings agency decide if they valid not can also consider penalties imposed based severity violation … < br>< br >In conclusion although occurrence fatal accidents always unfortunate important understand consequences associated them when comes time prosecute offenders knowing available options both parties may help expedite process ensure proper justice served all involved !

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