Criminal Charges and OSHA–Employers Should Take Care

Any employer in New York is likely aware that OSHA can, and often does, issue monetary penalties for health and safety violations occurring at an employer’s place of business. Employers are also likely aware that in certain instances, they can even face criminal sanctions for certain actions. Under the Occupational Safety and Health Act, OSHA can and does bring criminal charges against employers when an employer’s willful violations cause an employee’s death, when the employer provides false statements on a document required by the Act,…
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Stepped-Up DOJ Enforcement Signals Intent to Increase Criminal Prosecution of Workplace Safety Violations

Companies who have in the past considered OSHA penalties as a mere cost of doing business and not a significant deterrent should rethink their position and revamp their compliance programs based on recent steps taken by the Department of Justice (DOJ) which heighten the risk of non-compliance. The potential for criminal enforcement of workplace safety violations under the Occupational Safety and Health Act has, in the past, not carried much of a deterrent effect because OSHA violations are classified as misdemeanors and were not frequently…
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