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Correction: Criminal Referral Policy
for Fatality Cases
In our March 9, 2005, OSHA Update, we noted that during the recent meeting of
the Safety and Health Committee of the American Bar Association, it was reported
that under a new Department of Labor policy, all willful fatality cases would
be automatically referred to the Justice Department for possible criminal prosecution.
That report was subsequently corrected. Referral to the Justice Department in
such cases is not automatic. Instead, regional Department of Labor Solicitors
will consult with the Justice Department on any willful fatality cases that may
be suitable for criminal prosecution. Although this correction softens the initial
report, a representative of the Justice Department has clarified that the Department
will not necessarily be bound by OSHA's classification of an employer violation
as serious or willful in determining how to proceed. This clarification suggests
that the Justice Department is retaining the prosecutorial discretion to seek
criminal prosecution even in the absence of a willful classification by OSHA.
In sum, both OSHA and the Department of Justice now have a heightened awareness
in reviewing workplace fatalities to determine the appropriateness for criminal
prosecution.
If you have any questions,
please email us at:
You
may also call us at 404-525-8622. |
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