Seyfarth Synopsis: While the
Solicitors at the Department of Labor (DOL) only
litigate civil OSHA citations, DOL
has announced enhanced coordination with criminal law
enforcement for employers' representatives in fatality
cases. Criminal matters often involve highly resource
intensive work that involves safety managers, operations
managers, and executives.
Under the Occupational Safety and Health Act, OSHA has the power
to refer employers to the United States Department of Justice for
criminal enforcement. Penalties include up to six months in federal
prison and up to a $250,000 personal fine. The agencies review all
cases where there is an alleged willful violation resulting in a
fatality for potential criminal enforcement. Accordingly, all
employers should evaluate and prepare for criminal exposure
following any fatal accident, even if it may not initially appear
work-related.
