Criminal Prosecution - Workplace Fatalities

If you think OSHA only issues financial penalties to the employer for safety violations, think again. The Occupational Safety and Health Administration (OSHA) issued in a News Release how they now handle their collection of data that surrounds workplace fatality investigations.

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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.

Though these cases may seem to be rare occurrences, as an employer you should be aware of OSHA’s position on this matter and the severe penalties OSHA and the families of victims can impose on the employer for willful violations such as these that do continue to occur in the workplace.

Does Your Site Meet the OSHA Workplace Safety Requirements?

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