Discussion:
Criminal prosecutions for violations of OSHA regulations can only result in a misdemeanor conviction with a maximum sentence of 6 months in prison. An employer can only be criminally prosecuted if a willful violation results in the death of an employee. Discuss why you believe these limitations are adequate or if you believe they should be increased. If you believe they should be increased, state what could be accomplished by increasing the penalties.
Assume that a fatality occurred at your facility one month prior to the OSHA inspection. Review the citations and penalties that were assessed to your facility, and respond to the below questions:
• Which of the citations could be referred to the U.S. DOJ for criminal proceedings?
• What conditions would have to be met before the citations could be referred for criminal proceedings?
• Which individuals working at your facility could face criminal charges under the Act?
• What would be the maximum prison sentence and fines that any individual would face?
• What would be the maximum fine that the company would face?
• If you were facing criminal charges under the Act, what would be your best defense?
• How could you involve the OSHRC in the criminal case(s)?
Response must be a minimum of two pages in length, using at least one reference. All sources must be cited in the text and on the reference page, using APA style.