Criminal Penalties for OSHA Violations

Ninety million Americans spend their days or nights at work.

In a March 2010 speech to Congress, the assistant secretary of the Occupational Safety and Health Administration (OSHA) said more than 5,000 workers each year are killed on the job in the United States, and more than 4 million are injured. Despite these staggering numbers, only a few cases are referred each year to the Department of Justice for criminal prosecution for violations of the Occupational Safety and Health Act.

OSHA

OSHA sets standards for safety and health in the workplaces of employers in all 50 states, the District of Columbia, Puerto Rico and all territories under federal government jurisdiction. OSHA standards do not cover family farmers, self-employed individuals and workers regulated by other federal agencies.

OSHA Violations

OSHA violations come in a number of types. The type of violation that is subject to criminal penalties is a willful violation of a safety or health standard resulting in the death of an employee. "Willful" does not mean the employer intended to harm the employee, but rather that he intentionally disregarded the standard or was plainly indifferent. An employer who knows a hazardous condition exists, but makes no reasonable effort to eliminate it, acts willfully.

Criminal Penalties

The criminal penalty for a willful violation of OSHA regulations is a court-imposed fine, six months' imprisonment, or both. The maximum fine for an individual is $250,000 and for a corporation $500,000.

Additional Criminal Penalties

Employers may face additional criminal penalties in relation to OSHA violations if they falsify records, reports or applications. The maximum fine for this offense is $10,000, six months' imprisonment, or both. An employer who assaults an OSHA compliance officer could face a fine of up to $5,000 and imprisonment for up to three years.

Warning

This article is for general information purposes only; it does not constitute legal advice. For advice about the laws applicable to a specific OSHA violation, contact an attorney. The criminal violations and penalties described are as stated by OSHA as of the time of writing. The law may change at any time.

References

• Offices of the U.S. Attorneys: 2012 OSHA -- Willful Violation of a Safety Standard Which Causes Death to an Employee
• U.S. Department of Labor: Occupational Safety and Health Act, OSHA Standards, Inspections, Citations and Penalties
• U.S. Department of Labor; Congressional Testimonies -- David Michaels; 2010