Occupational Safety and Health
1. Citation referred to the U.S. DOJ for criminal proceedings
The illustration of penalty for job-related health and safety occupation breach could be referred to U.S. Department of Justice for a legal action. The current violation under this citation was split up further into two sets which are; willful and severe violation (Turney, 2003).
2. Prerequisites that would have to be fulfilled ahead of citations to be represented for criminal procedures.
Before the citation could be referred for criminal proceedings, they had to meet the following conditions; if the firm was unsuccessful to ascertain whether the employees were unprotected while handling lead. And, if the company failed to provide the required hand protection equipment when handling lead and other potentially harmful chemicals, then a citation can be made. Endangering the workforces to harmful chemicals, more so, when using cables that are loose and flexible imperiling workers to an electric shock that may lead to fatal injuries provides reasonable grounds for a citation (Brauer, 2006). The workforce was given mandate handle machines even when they do not have the basic qualification as well driving without licenses. Finally, inadequately labeled lethal chemicals and imperfect energy regulator program practices can lead to citation for criminal proceedings.
3. Conditions under which the staff working under the facility could face the indictments
Two recurrences of the original breach and the action of the worker have established flagrant misbehavior, the person will face charges. The willful and repeated violation was only cited to guard the act of international flaunting.
4. Highest jail punishment and fines that any person would face
Any person is liable to face a maximum prison sentence as well as fines for serious offenses. The third circuit largely depends on the motive that the worst penalty for recurrent or deliberate contravention may at times be higher than a breach of the most serious violation. The failure to terminate will make it hard to reconcile with the penalty provision for authorized civil penalty up to $ 1,000, on a daily basis, each cited violation is allowed by the employee to continue. Failure of a worker to abate breach under the decision of the commission allows the violation cited to withstand (Anker, Chernyshev et al., 2003). Of primary importance is the employee’s failure to conform to the commission’s order that determined to which it involves its actual knowledge. The fact that punishment is the outcome provided for in Act does not mean that assembly of premeditated willful and repeated cited breach are suitable when only a contravention International Act has occurred. Also a punishment for an intentional desecration which results in a death sentence to illegitimate consequences up to $ 10,000 fine and imprisonment for six months for the first verdict.
5. Maximum penalty that the firm will face
The maximum punishment and penalty that a business may attract when there is repeated, and willful breach amounts to $206000. This is the citation of the occupational health and safety violation.
6. Best defiance if you were facing criminal charges under the Act
Application of the commissioner Barnako’s ad hoc advocated for a test that requires the secretary to provide flagrant employee similar substantial violation and to argue that there is no significance on the use of the word repeatedly instead of repeated in section 17(a). In the original form, the word referred to a purposive violation of section 17(a), it then proceeded to say that, the word repeatedly was added after willfully that already was present in this section. This tells that it was because of the grammatical consideration that regularly was used instead of repeated.
7. Ways in OSHRC could be involved in the criminal cases
It is possible to include OSHRC in the criminal cases presented. The commission has authority to retrieve civil outcomes stipulated in this section. Conceivably, consideration is given to the consequence’s suitability on the worker, the size of the being tried, the credence of the breach of the employee’s good faith in addition to the preceding history of violation.
References
Anker, R., Chernyshev, I., Egger, P., Mehran, F., & Ritter, J. A. (2003). Measuring decent work with statistical indicators. International Labour Review, 142(2), 147-178.
Brauer, R. L. (2006). Safety and health for engineers. John Wiley & Sons.
Turney, L. (2003). Mental health and workplace bullying: The role of power, professions and ‘on the job’training. Australian E-journal for the Advancement of Mental Health, 2(2), 99-107.
