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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The United State Department of Justice and the United States Department of Labor have entered into a Memorandum of Understanding to provide for the coordination of matters pertaining to worker safety that could lead to criminal prosecution by the Department of Justice. Under the Memorandum, the U.S. Attorneys’ Offices will work with OSHA, Mine Safety (MSHA), and Wage and Hour Division to investigate and prosecute worker endangerment violations.
Over a year ago, the Departments of Justice and Labor began meeting to explore a joint effort…
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