NCJ Number
112018
Journal
Personnel Administrator Volume: 32 Dated: (November 1987) Pages: 76-80,82-83
Date Published
1987
Length
6 pages
Annotation
Given its limited success, the use of the criminal law to combat employer practices that endanger workers' lives is likely to be short lived, and under current conditions, the Occupational Safety and Health Administration (OSHA) provides a marginally increased incentive for employers already prone to concern for employees' safety and health.
Abstract
Despite the recent flurry of cases that brought criminal charges against employers in employee workplace deaths, only four criminal convictions have resulted, and just one of those was for murder. One has already been overruled, and two of the others are under appeal. The one unchallenged conviction was a plea-bargained 60-day sentence. Other plea agreements are imminent. OSHA is currently incapable of inspecting a significant portion of workplaces with the thoroughness required to detect violations. With its limited number of inspections, OSHA can only be effective insofar as punishments for safety and health violations are sufficiently severe to pose a credible threat despite the low probability of inspection. Such deterrence is not likely, however, given the low ceiling set on fines in the law. 33 references.