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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8151
The Occupational Safety and Health Administration (OSHA)
has instructed its compliance officers to review fatality and catastrophe cases
for possible criminal prosecution and to establish early contact with victims'
families as part of an overhaul of its inspection guidelines.
"OSHA will place a high priority on prosecuting employers
whose willful neglect results in worker deaths," Assistant Secretary of Labor
for Occupational Safety and Health Joseph A. Dear said in announcing the
updated instructions.
"Obviously the Justice Department cannot take on every
case we believe has merit. Nevertheless, we intend to carefully document
evidence during our inspections and refer to Justice those cases we think
demonstrate employer disregard for employee welfare. At the same time, we will
contact victims' families early in our investigation and then share our
findings with them," Dear added.
The revised 10-page guidelines outline steps for OSHA
staff to take in determining whether there may be criminal violations of the
Occupational Safety and Health (OSH) Act of 1970. The OSH Act permits criminal
prosecution of employers who willfully violate OSHA standards when that
violation results in the death of one or more workers.
Under the March 1, 1996, directive, OSHA staff will contact
family members of victims promptly to discuss the circumstances of the accident
or illness. A letter will be sent to the family member listed as the emergency
contact on the victim's employment records. Family members who respond to the
letter may be asked for additional information to assist with the
investigation. They will be kept up to date on the status of the investigation
and will receive a copy of all citations, any subsequent settlement agreements
or Occupational Safety and Health Review Commission decisions as these are
issued.
The updated guidelines also cover internal review of the
case before the agency issues citations and the handling of formal and informal
settlement agreements. If the incident has not destroyed the workplace, the
guidelines call for a follow-up inspection if citations for serious violations
have been issued.
Employers must report catastrophes--accidents resulting in
inpatient hospitalization of three or more workers--and fatalities to OSHA
within eight hours. Investigating the circumstances of these workplace
tragedies is one of OSHA's highest priorities. Only imminent
dangers--conditions likely to result in death or serious physical harm--rank
higher.
States operating their own OSHA programs are encouraged to
adopt similar procedures for their fatality investigations.
OSHA's Instruction CPL 2.113, "Fatality Inspection
Procedures," is available on the Internet at http://www.osha.gov under Other
OSHA Documents, Directives, CPL 2.113. This information also will be placed on
an upcoming issue of the OSHA CD-ROM. Single printed copies are available by
mail to requestors who send a self-addressed label to OSHA Publications, P.O.
Box 37535, Washington, D.C. 20013-7535.
Archived News Release--Caution:
information may be out of date.
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