Justice Department Increases Criminal Enforcement of Worker Safety Violations NAHB Remodelers certified by the Environmental The Departments of Justice and Labor recently announced a plan to increase criminal prosecutions of safety violations that affect workers. Under the Worker Endangerment Initiative, the Justice Department and the U.S. Attorneys’ Office will work more closely with the Occupational Safety and Health Administration (OSHA) and other federal agencies to investigate and prosecute worker safety violations. Per a Memorandum of Understanding between the agencies, criminal violations under the Occupational Safety and Health Act will be combined with environmental crimes (e.g., asbestos violations) or other federal offenses (e.g., making false statements) that occur during the course of an OSHA investigation. According to legal experts, bundling the violations allows the federal government greater opportunity to more effectively punish and deter workplace safety offenses. Currently, criminal penalties under the OSH Act are relatively limited with imprisonment capped at six months and fines at $10,000. However, a number of environmental crimes and other federal offenses are considered felonies; being prosecuted for these, in addition to a OSHA criminal penalty, could mean hefty jail time and millions of dollars in fines. Also, usually in OSHA criminal cases, it’s the corporation not the individual managers or supervisors who are being prosecuted for OSHA criminal offenses. The Worker Endangerment Initiative makes it easier for the government to charge individuals for specific crimes. Legal experts have said that whether or not the new initiative actually leads to increased criminal enforcement for safety violations is still up in the air. Some predict that criminal prosecutions will continue to be reserved for the worst safety cases. Either way, employers should be mindful that criminal prosecution is a possibility whenever serious safety and health violations are being investigated by OSHA. ANNOUNCING the arrival of our new 8-story BOOMTRUCK CONNECTICUT - East Haven - Manchester - Newtown SANDY HOOK - 2 Turnberry Lane - 203-426-0030 NEW YORK - Millwood • Mold / Mildew Resistant Board • Fire Rated Board • ½” Light Weight Board • Exterior Sheathing • Metal Studs • Acoustical Ceiling Tile March 2016 | HBRA of Fairfield County | 19
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