Spencer Fane attorney Andrew Brought recently outlined in an article published by EHS Today why manufacturers and industrial employers need to be aware of a resurgence in federal criminal prosecutions for workplace safety violations.
In his article, OSHA Steps Up Prosecution of Safety Violations, Drew explains how a series of recent criminal prosecutions stemming from workplace fatalities in connection with OSHA’s worker safety laws signals the Justice Department’s willingness to charge OSH Act crimes, even in the absence of other Title 18 offenses or other criminal charges.
Drew concluded, “Whether the current Justice Department continues to place an emphasis on workplace safety crimes is yet to be seen, but the spate of recent press releases certainly indicates that employers and companies should understand and recognize the types of factors that OSHA and EPA will look at in referring cases to the DOJ for criminal enforcement, as well as the underlying conduct that might signal the likelihood for a criminal investigation and prosecution in cases involving worker fatalities and worker endangerment.”
At Spencer Fane, Andrew counsels manufacturers, industrial clients, and businesses with complex environmental and workplace safety/OSHA matters. He currently serves on the firm’s Executive Committee and has held other leadership positions at the firm, including co-chair of the Environment and Energy practice group.
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