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Criminal Prosecution Workplace Injury

Parker Poe Adams & Bernstein LLP

Business Owner Pleads Guilty to Manslaughter Charges Following Fatal Trench Collapse

Last month, the owner of a Colorado construction company pled guilty to criminal manslaughter charges following the death of an employee as the result of a trench collapse. According to the federal Occupational Safety and...more

Jones Day

Australian High Court: Compulsory Examination of Employee not Tantamount to Compulsion of Corporate Accused

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The Situation: In 2016, a helicopter pilot died after he fell into a hidden ice crevasse in Antarctica. At the Coronial inquest, the coroner issued a subpoena requiring the chief pilot of the helicopter company to give...more

Jones Day

Queensland Government Passes Legislation Introducing Industrial Manslaughter Offence Into Resources Industry

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The Situation: Following the deaths of eight miners at Queensland coal mines in the past two years, the Queensland Labor government has been under mounting pressure from the Construction, Forestry, Maritime, Mining and Energy...more

Parker Poe Adams & Bernstein LLP

Federal Court Sentences Business Owner to Prison for Violating Fall Protections

Most employers know that the Occupational Safety and Health Administration can assess civil penalties for violation of safety standards. However, they may not be aware that the OSH Act also contains criminal penalties. ...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Affirms Criminal OSHA Sanctions Against Construction Company

The Eighth Circuit Court of Appeals last month affirmed a criminal conviction and $500,000 penalty assessed against a construction company accused of failing to follow fall protection rules, leading to the death of an...more

Parker Poe Adams & Bernstein LLP

Ignorance of OSHA Requirements Does Not Preclude Willful Violation

Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more

Foley & Lardner LLP

One of Our Employees Died at Work – Am I Going to Jail?

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Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be...more

Seyfarth Shaw LLP

Scrap Processor Sentenced on OSHA Criminal Violation Causing Death of Employee

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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...more

Jackson Lewis P.C.

Construction Contractor Faces Manslaughter Charge in Worker’s Death

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A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work...more

BakerHostetler

Departments of Justice and Labor Announce Initiative to Provide for Significantly Increased Criminal Penalties for Workplace...

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On December 17, 2015, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced an expansion to the Worker Endangerment Initiative intended to increase the frequency and effectiveness of criminal...more

Perkins Coie

Worker Endangerment Initiative May Increase Criminal Prosecutions of Worker and Health Safety Violations

Perkins Coie on

The U.S. Department of Justice issued a Memorandum to all U.S. Attorneys and entered into a Memorandum of Understanding (MOU) with the U.S. Department of Labor on December 17, 2015 to bolster the federal government’s arsenal...more

Seyfarth Shaw LLP

Director prosecution and conviction in New South Wales

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The NSW work health and safety regulator has brought a successful prosecution against a company director resulting in a criminal conviction and fines against the director and the company. An order was also made requiring the...more

Fisher Phillips

Is OSHA Going to Put You in Jail?

Fisher Phillips on

The answer to my admittedly provocative question is “probably not,” but recent developments demand that employers consider criminal exposure under labor laws, Including the OSHAct. My partner and fellow OSHA nerd, Ed...more

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