NCJ Number
118033
Journal
Criminal Law Bulletin Volume: 25 Issue: 3 Dated: (May-June 1989) Pages: 234-256
Date Published
1989
Length
23 pages
Annotation
The failure of the Occupational Safety and Health Act (the OSH Act) to provide sufficient protection against injury in the work-place has encouraged local prosecutors to investigate and prosecute those employers allegedly responsible for industrial accidents and harmful working conditions.
Abstract
Defendants in these State criminal cases argue that the OSH Act has preempted State criminal laws. The author disagrees with defendants and shows why such an interpretation of the preemption doctrine would seriously misconstrue the purposes of both the OSH Act and State criminal statutes. 132 notes. (Author abstract)