Worker Death Compensation Criminal Prosecutions
1. United States v. Foster Wheeler, 2009 (Chemical Plant Explosion – Worker Deaths)
Facts: A chemical plant explosion killed two workers. Investigations revealed the company failed to follow standard safety protocols and ignored known equipment malfunctions.
Charges: Criminal negligence leading to death under OSHA provisions and federal criminal statutes.
Court Findings: The court found that the company’s reckless disregard for worker safety directly caused fatalities. Corporate officers could be held liable even if they were not physically present.
Outcome: The company was fined over $10 million, and three executives received probation and fines. Established that corporate negligence leading to worker deaths can trigger criminal liability.
2. State v. Pacific Gas & Electric (PG&E), 2010 (Utility Worker Death – California)
Facts: An electrical worker died when a high-voltage line fell due to poor maintenance and ignored safety warnings.
Charges: Violation of California Penal Code § 192 (involuntary manslaughter) and OSHA regulations.
Court Findings: The court ruled that failing to maintain equipment and enforce safety procedures constituted criminal negligence.
Outcome: PG&E paid $3 million in fines, implemented strict safety protocols, and the plant supervisor was sentenced to probation. Highlighted corporate accountability in workplace fatalities.
3. Commonwealth v. Local 173, 2012 (Construction Site Death – Massachusetts)
Facts: A construction worker fell from scaffolding that lacked proper guardrails. Investigation revealed that the contractor ignored OSHA safety standards.
Charges: Criminal negligence and violation of Massachusetts General Laws Chapter 149 (workplace safety).
Court Findings: The court held that knowing disregard for mandated safety measures constituted criminal liability, even without intent to harm.
Outcome: Contractor fined $250,000, sentenced to probation, and required to fund safety training programs. Workers’ families received compensation through state funds.
4. United States v. BP America, Deepwater Horizon, 2010 (Oil Rig Explosion)
Facts: The Deepwater Horizon oil rig explosion killed 11 workers. Investigations showed multiple safety protocol violations, including faulty blowout preventers and ignored warnings.
Charges: Manslaughter, criminal negligence under federal Clean Water Act and OSHA.
Court Findings: BP and subcontractors exhibited gross negligence, creating a foreseeable risk of death. The court stressed that companies must maintain active safety oversight on high-risk operations.
Outcome: BP agreed to criminal and civil settlements exceeding $4 billion, and several contractors were fined and placed on probation. The case became a landmark for criminal liability in worker deaths in large-scale industrial settings.
5. State v. Kiewit Construction, 2014 (Crane Collapse – Worker Deaths, Washington)
Facts: A crane collapse killed three construction workers. Investigation found that load limits were ignored and inspections falsified.
Charges: Involuntary manslaughter and criminal workplace safety violations under Washington State law.
Court Findings: Company management failed to provide a safe work environment. Deliberate falsification of inspection records was a key factor in criminal liability.
Outcome: Kiewit Construction fined $1.2 million, and project supervisors received jail time for criminal negligence. Workers’ families received state-mandated compensation.
6. State v. Tyson Foods, 2016 (Meat Processing Plant – Worker Death)
Facts: A worker died in a meat grinder accident. Investigation revealed lack of proper machine guards and insufficient safety training.
Charges: Criminal negligence under state labor codes and OSHA regulations.
Court Findings: Management’s failure to implement basic safety measures constituted gross negligence.
Outcome: Tyson Foods fined $500,000; the plant manager received probation. Worker’s family received compensation from employer liability insurance. This case emphasized that even routine industrial operations carry criminal risk if safety protocols are ignored.
7. United States v. Archer Daniels Midland (ADM), 2018 (Grain Silo Fatality)
Facts: A worker fell into a grain silo and suffocated. Investigations found inadequate training and lack of emergency rescue plans.
Charges: Violation of federal safety regulations and criminal negligence causing death.
Court Findings: Court confirmed that employers must anticipate foreseeable risks in routine industrial tasks.
Outcome: ADM paid $2 million in fines, implemented comprehensive training programs, and agreed to enhanced safety audits. Criminal charges were dismissed against individual managers, but corporate accountability remained.
Key Legal Principles Highlighted
Criminal negligence is the standard: Intent is not necessary; reckless disregard for safety is sufficient.
Corporate and managerial liability: Both companies and responsible supervisors can face prosecution.
Federal vs. state law: OSHA and state labor codes work together to define standards and liability.
Compensation: Often, criminal prosecution is paired with mandatory compensation to families.
Documentation matters: Failure to maintain records, conduct inspections, or train workers is critical evidence of liability.
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