Criminal prosecutions for violations of OSHA regulations can only result in a mi
ID: 397752 • Letter: C
Question
Criminal prosecutions for violations of OSHA regulations can only result in a misdemeanor conviction with a maximum sentence of six months in prison. An employer can only be criminally prosecuted if a willful violation results in the death of an employee. Reflect on why you believe these limitations are adequate or if you believe they should be increased. If you believe they should be increased, state what could be accomplished by increasing the penalties. Your journal entry must be at least 200 words in length. No references or citations are necessary.
Explanation / Answer
Answer: Personally, I believe that the OSHA penalties for a criminal conviction are not strong enough. Specifically, against employers. Up to 6 months of jail time plus a fine for an individual convicted under the Act is a tough pill to swallow, however for many large companies a $200,000 fine could be considered a small matter. There are no real teeth to the penalties. In some cases, the penalties may stack up but that would mean that there were multiple citations. OSHA shouldn’t have to scare employers into protecting their employees. But in the world of business where the bottom line is all that matters there must be a better way of getting companies attention. Some employers may feel like the citation is less than the money spent properly protecting employees. If an employer fully understands that their actions or nonactions could potentially cripple the company, then maybe they will be more likely to spend the money upfront. If prosecutors must go outside OSHA and look to regulations like the Clean Air Act for harsher penalties that should tell us everything we need to know. When we get to this phase of the process we are talking about a person(s) life. No amount of money can bring them back or make their families feel better. That fact alone should be enough to raise the penalties. A family is forever changed, yet a company pays a fine, maybe gets some bad publicity, and then continues to do business
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