NCJ Number
143680
Journal
American Criminal Law Review Volume: 30 Issue: 3 Dated: (Spring 1993) Pages: 545-565
Date Published
1993
Length
21 pages
Annotation
This article surveys the criminal penalties currently available to protect workers in the areas of occupational safety and employment practices.
Abstract
In a discussion of worker safety, the Occupational Safety and Health Act (OSHA) and the Federal Mining Safety and Health Act are explained in detail. As a supplement to these materials, the new bill designed to reform OSHA is presented, along with a discussion of the reasons for the OSHA modification. OSHA was enacted in 1970 during a worsening trend of employment-related deaths and injuries. OSHA includes a general duty clause that requires employers to furnish their employees with a hazard-free working environment and mandates that employers comply with specific occupational safety and health rules promulgated by the Secretary of Labor. The Federal Mine Safety and Health Act also protects worker health and safety and, like OSHA, uses a combination of civil, criminal, and administrative enforcement mechanisms. State criminal law that bears upon worker safety is also reviewed. A section of the article also explains the Comprehensive Occupational Safety and Health Reform Act, which will increase OSHA's criminal penalties. The final section of the article discusses the Fair Labor Standards Act, which was enacted to eliminate labor conditions detrimental to the general welfare of workers. 142 footnotes