Occupational Safety and Health
1. Citation commonly referred as the U.S. DOJ for illegitimate proceedings
Any case regarding punishment for occupational health and safety violation can cite as U.S Department of Justice for a legal action. The modern day breach under this citation is divided into two sets namely: severe and willful violation of stipulated rules (Collins, 2002).
2. The requirements that need to be fulfilled amid citations to be represented for criminal hearings.
The time before the citation could be presented for prosecution, they had to meet some of the following requirements. Firstly, in case the company did not succeed to establish whether the laborers were not given protective equipment while handling the lead. On the other hand, if the firm was unsuccessful to offer the necessary hand protection gloves when handling potentially harmful chemicals and lead, therefore, a citation can be made for breach of OSHA obligation (Wagner, Devcic & Srb, 2002). Exposing the workforce to unsafe chemicals, more especially, when handling cables that are flexible and loose thus risking the employees to electric shock which may result in fatal injuries. This gives a judicious ground for the citation. Employees were given a go head to handle machines when they did not have rudimentary qualifications and driving licenses. Also, lethal chemicals were inadequately labeled, and there was a defective energy regulator program which can be cited for a criminal procedure.
3. Circumstances under which an employee working under the facility could face the summonses
Two instances, of the original violation and the action of an employee which may establish blatant misconduct, and a person is liable to face charges. Repeated and willful breach can be cited to protect the act of international exhibiting.
4. A maximum jail sentence and fines that any individual is likely to face.
Any person found guilty is liable to face highest prison punishment as well as fines for extreme offenses. The third course largely relies on the intention that the worst sentence for deliberate and recurrent contraventions may lead to a higher penalty that exceeds some grave breach. The failure to dismiss will make it difficult to reconcile with a punishment provision for lawful civil penalty for up to $ 1,000, and each citation for breach is allowed by the worker to proceed. Failure by an employee to decline violation under the verdict of the commission allows the breach cited to withstand (Gray & Shadbegian, 2005). The workers inability to adhere to the orders of the commission is established in citations actual knowledge. The penalty being the outcome of the act does not imply that the assembly of intended willful and repeated citations of violation are relevant when a contravention of the International Act happens. Similarly, an international desecration that leads to a death punishment to criminal consequence, and incarceration for six months.
5. The highest penalty that the company will face.
The maximum penalty that a company may face with willful and repeated violations amounts to a fine of $206000. Thus, this is the citation when a firm breaches the occupational health and safety rules.
6. Superlative defiance if you were facing unlawful charges under the Act
7. Ways in OSHRC could be encompassed in the criminal cases
Usually, it is possible to use OSHRC in the illegal cases presented. It is stated that the commission has the power to recover civil outcomes specified in this section. Possibly, consideration is assumed to the significances suitability on the employee, the credence of the violation of the workers’ good faith to the preceding history of the breach (Gray & Shadbegian, 2005).
References
Collins, J. M. (2002). And the walls came tumbling down: Sharing grand jury information with the intelligence community under the USA Patriot Act. Am. Crim. L. Rev., 39, 1261.
Wagner, S., Devcic, S., & Srb, H. (2002). Health and Safety.
Gray, W. B., & Shadbegian, R. J. (2005). When and why do plants comply? Paper mills in the 1980s*. Law & Policy, 27(2), 238-261.
