Occupational Safety And Health Act Criminal Cases
1. United States v. Joseph & Sons, Inc. (2009)
Facts:
Joseph & Sons, a construction company, failed to secure scaffolding properly at a New Jersey construction site. This negligence caused the death of a worker who fell from a height.
OSHA Violation:
The company violated OSHA’s general duty clause, which requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious harm.
Outcome:
The company pled guilty to criminal violations of OSHA.
Fined $1.2 million and received probation.
The case highlighted that willful negligence causing a worker’s death can lead to criminal charges under OSHA.
2. United States v. Mitsui & Co. (2007)
Facts:
At a chemical plant in Louisiana, multiple workers were exposed to toxic chemicals due to improper handling and failure to train employees on hazardous materials. Several employees suffered serious injuries.
OSHA Violation:
The company violated OSHA’s Hazard Communication Standard and general duty clause by failing to inform workers about chemical hazards and providing insufficient protective equipment.
Outcome:
Mitsui pled guilty to misdemeanor violations of OSHA.
$500,000 in fines were imposed.
The case emphasized that even multinational corporations could face criminal liability for systemic safety failures.
3. United States v. BP (Deepwater Horizon Oil Spill, 2010)
Facts:
The Deepwater Horizon disaster in the Gulf of Mexico killed 11 workers. Investigations found that BP and its contractors ignored safety warnings, failed to maintain blowout preventers, and did not adhere to OSHA standards.
OSHA Violation:
Criminal negligence under OSHA for failing to provide a safe work environment. OSHA standards on hazard prevention and emergency procedures were violated.
Outcome:
BP pled guilty to 14 criminal violations of the Clean Water Act and OSHA-related negligence, though OSHA-specific criminal charges were part of broader enforcement actions.
BP paid over $4 billion in fines and penalties.
Set precedent that catastrophic industrial accidents due to negligence can trigger both civil and criminal liability.
4. United States v. Perini Corporation (2005)
Facts:
Perini, a construction company, failed to implement fall protection measures at a New York construction site. A worker fell and sustained fatal injuries.
OSHA Violation:
Willful violation of OSHA fall protection standards.
Violation of the general duty clause for knowingly putting workers at risk.
Outcome:
Perini Corporation was convicted of willful OSHA violations.
Ordered to pay $1.3 million in fines and undertake safety training programs.
Demonstrated that companies ignoring basic safety measures face criminal consequences.
5. United States v. Day & Zimmermann (2003)
Facts:
A worker at a Day & Zimmermann industrial site was electrocuted because the company failed to properly de-energize equipment and train employees on electrical safety.
OSHA Violation:
Violation of OSHA’s electrical safety standards.
General duty clause violation for not eliminating a known hazard.
Outcome:
The company pled guilty to criminal negligence under OSHA.
$750,000 fine imposed and probation.
Highlighted the criminal liability of subcontractors in industrial settings.
Key Takeaways from OSHA Criminal Cases:
Willful or repeated violations leading to death or serious injury can trigger criminal liability.
Corporate entities and executives can both be prosecuted.
General duty clause is often the basis for criminal charges when specific standards are not violated but hazards are ignored.
OSHA criminal cases often involve construction, chemical, and industrial workplaces.
Fines, probation, and mandatory safety programs are common penalties.
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