NCJ Number
45013
Journal
American Criminal Law Review Volume: 14 Issue: 4 Dated: (SPRING 1977) Pages: 717-745
Date Published
1977
Length
29 pages
Annotation
THE LEGISLATIVE HISTORY OF THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 IS EXAMINED, WITH EMPHASIS ON THE SCOPE, CONTENT, AND EFFICACY OF THE ACT'S CRIMINAL SANCTIONS FOR VIOLATIONS CAUSING EMPLOYEE DEATH.
Abstract
THE OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) COULD BE CHARACTERIZED AS AN ENTIRELY CIVIL STATUTORY SCHEME, EXCEPT FOR THE ACT'S EXPRESSLY PENAL SANCTION FOR WILLFUL VIOLATIONS THAT CAUSE EMPLOYEE DEATH. ALTHOUGH BROAD APPLICATION OF THE OSHA CRIMINAL SANCTION APPEARS LEGALLY SOUND, ONLY FOUR CRIMINAL PROSECUTIONS HAVE BEEN INSTITUTED UNDER THE PROVISION SINCE OSHA BECAME EFFECTIVE IN APRIL 1971. ALL FOUR SOUGHT TO HOLD INDIVIDUALS AS WELL AS CORPORATE ENTITIES RESPONSIBLE, AND ALL NETTED RESULTS NO GREATER, AND IN ONE CASE FAR LESS, THAN THOSE FREQUENTLY OBTAINED IN CIVIL PROCEEDINGS INVOLVING OSHA VIOLATIONS. IF THE COURTS AND JURIES CONTINUE TO CONCLUDE THAT NO OSHA VIOLATION WARRANTS A JAIL TERM OR HEAVY CRIMINAL FINE, CONGRESS MAY BE FACED WITH THE CHOICE OF EITHER STRENGTHENING OR REPEALING THE ACT'S CRIMINAL PROVISIONS. HOWEVER, IT IS EQUALLY POSSIBLE THAT THE PROVISIONS MAY JUSTIFY THEIR POTENTIAL AS A 'SOCIAL LIGHTNING ROD AND SUPREME COMPLIANCE TOOL,' ONCE THE FIRST HEAVY SENTENCE IS IMPOSED AND THE PSYCHOLOGICAL BARRIER IS REMOVED. IT IS CONCLUDED THAT CONGRESS' PRIMARY DETERMINATION TO ENFORCE OSHA CIVILLY AND ADMINISTRATIVELY, RESORTING TO CRIMINAL SANCTIONS ONLY FOR THE MOST SERIOUS REGULATORY OFFENSES, IS REASONABLE, AVOIDS THE PROBLEMS OF REGULATING SAFETY THROUGH CRIMINAL SANCTIONS, AND SHOULD BE NEITHER REPEALED NOR RESTRUCTURED FOR THE TIME BEING. (LKM)