Criminal Prosecution: Workplace Fatalities
OSHA instructs its compliance officers to review fatality and catastrophe cases for possible criminal prosecution and establish prompt contact with the victims' families as part of their overall investigation guidelines.
OSHA places high priority on prosecuting the employer whose willful neglect results in worker deaths.
Several years ago, in an announcement of OSHA's updated instructions, OSHA's Assistant Secretary of Labor Joseph A.
Dear stated - "Obviously the Justice Department cannot take on every case we believe has merit.
Nevertheless, we intend to carefully document evidence during our inspections and refer to Justice those cases we think demonstrate employer disregard for employee welfare...
" says Dear.
As of March 1, 1996, this has been OSHA's policy.
OSHA will contact the family members of victims promptly to discuss the circumstances of the accident or illness.
The family members may be asked for information to assist OSHA in their investigation and the families are subsequently kept up to date on the status of the investigation.
As you may already know, employers are required to report to OSHA within eight hours time any catastrophes/accidents that result in inpatient hospitalization of three or more workers and/or fatalities.
These types of reports are one of OSHA's highest priorities.
Only situations where imminent danger conditions which are likely to result in the death or serious physical harm to workers rank higher.
OSHA continues to encourage states operating their own OSHA programs to adopt similar procedures for their fatality investigation guidelines.
Knowing these guidelines at all times can save you major headaches in the future.
OSHA places high priority on prosecuting the employer whose willful neglect results in worker deaths.
Several years ago, in an announcement of OSHA's updated instructions, OSHA's Assistant Secretary of Labor Joseph A.
Dear stated - "Obviously the Justice Department cannot take on every case we believe has merit.
Nevertheless, we intend to carefully document evidence during our inspections and refer to Justice those cases we think demonstrate employer disregard for employee welfare...
" says Dear.
As of March 1, 1996, this has been OSHA's policy.
OSHA will contact the family members of victims promptly to discuss the circumstances of the accident or illness.
The family members may be asked for information to assist OSHA in their investigation and the families are subsequently kept up to date on the status of the investigation.
As you may already know, employers are required to report to OSHA within eight hours time any catastrophes/accidents that result in inpatient hospitalization of three or more workers and/or fatalities.
These types of reports are one of OSHA's highest priorities.
Only situations where imminent danger conditions which are likely to result in the death or serious physical harm to workers rank higher.
OSHA continues to encourage states operating their own OSHA programs to adopt similar procedures for their fatality investigation guidelines.
Knowing these guidelines at all times can save you major headaches in the future.
