Exemplar Essay On Occupational Safety And Health To Write After

Citation that can be referred to the U.S. DOJ for criminal proceedings
Citations of penalty for occupational health and safety violation can be referred to U.S. Department of Justice for a criminal prosecution. The present violation, under this citation, is divided into two categories which are; willful and severe violation (Morey, 1975).
Conditions that would have to be met before citations are referred for criminal proceedings.
Before a citation gets referred for criminal prosecution, there are criteria that must be met. The most important creterion is the company’s failure to identify whether the workers have been exposed to hazards such as lead poisoning or not. Compounding the first condition is the company’s failure to provide the necessary hand protection equipment for the workers when handling lead and other chemicals. Additionally, exposing workers to dangerous chemicals and naked cables predisposing to harmful electric shock can land the employer in trouble. Finally, situations in which employers allow unqualified staff to handle heavy machinery without the required qualification or drive company vehicles without licenses warranty prosecution of the employer (Morey, 1975).
Conditions under which any individual working in the facility could face the charges
In the event that the individual is accused of repetitions of the original violation, and the action of the employee has constituted flagrant misbehavior, he or she will face charges (Joelson, 1973).
Highest jail sentence and fines that an individual would face;
Any person could face a maximum prison sentence and fines for any serious violations. According to the Third Circuit, the reason for a longer or shorter jail term depends on the offence. The penalty for repeated or willful violation may be ten times higher than a breach of the maximum acute violation. The employers’ failure to abide by the laws may attract a civil penalty of $ 1,000 based on the cited violation (Joelson, 1973). Failure of an employee to stop violation under the commission’s decision allows the violation cited to sustain. The precursor may be the employee’s failure to comply with the commission’s order, in which case; it may involve employee willingness to break the law to land the employer in trouble.
Maximum punishment that the company will face
The maximum penalty and fine that a company may attract is when it is being accused of serious repeated and willful violations summing up to $ 206000 (Morey, 1975). These are regarded by the citation of various occupational health and safety violations.
Best defense if you were facing criminal charges under the Act
The best procedures to defend oneself may start by including the application of commissioner Barnako’s ad hoc test that requires the secretary to provide the flagrant employee with a similar substantial violation. Similarly, one may base his argument on the inconsequent application of the word ‘repeatedly’ instead of ‘repeated’ in section 17(a). In its original meaning, the word is ‘repeatedly’ connotes a willful violation of this section (Joelson, 1973).
Ways in which OSHRC could be involved in the criminal cases(s)
OSHRC could be included in the criminal cases because the Commission has the power to access civil rights as provided in section (Joelson, 1973). Due consideration is given to the penalty’s appropriateness on employer’s business size that is being charged, the weight of the violation, the employer’s good faith, and the previous violation’s history. Some employers do get exempted while others are unable to escape the big arm of the law.
References
Joelson, M. R. (1973). Protective Legislation v. Our Competitive System: The Dilemma and the Role of the Trade Association. Antitrust Bull., 18, 255.
Morey, R. S. (1975). General Duty Clause of the Occupational Safety and Health Act of 1970, The. Workmen's Comp. L. Rev., 2, 305.