Seyfarth Synopsis: Companies
cannot go to prison, but their executives and managers can when
they violate the OSHA laws. And, companies can face stiff fines and
other business-disrupting (or ending) collateral consequences for
conduct resulting in worker deaths. Make sure that your
company's safety programs and training efforts are "up to
snuff" if you wish to avoid OSHA liability.
The U.S. Department of Justice announced this week that a high volume ferrous
and nonferrous scrap processor was sentenced to five years'
probation, and ordered to pay restitution of $350,000 to an
employee-victim's estate. According to the DOJ the employer was
also previously ordered to pay a fine of $520,000 in a related
administrative OSHA case. See also
Sentencing Memorandum, and
Stipulation and Settlement Agreement, U.S.A. v. Behr Iron
& Steel, Inc., No. 3:16-CR-50015 (June 30, 2016 and July
12, 2016, respectively).
