Two short phrases in a bill to change workplace safety regulations would make it easier for prosecutors to send company executives and managers to prison when workers are killed or seriously injured.
The Protecting America’s Workers Act would increase the severity of penalties issued by the Occupational Safety and Health Administration (OSHA).
The dollar amounts of fines would go up. But the Act is also designed to make it easier for prosecutors to prove negligence by company managers and send them to prison.
The bill would allow any “officer or director” of a company to be held liable for safety violations.
It would also lower the burden of proof for criminal charges against a company official.
Currently, the violations must be “willful” to trigger criminal prosecution. Willful means the employer knew the actions were wrong and knew they were against the law.
The bill would change “willful” to “knowing,” which means the company knew it was doing something wrong. However, it doesn’t necessarily require knowledge that the action was also against the law.
The Coalition for Workplace Safety, a group that includes the U.S. Chamber of Commerce, the National Association of Manufacturers and the Associated Builders and Contractors, opposes the bill.
The Coalition says the changes would “have a chilling effect on how employers dedicate staff and resources that maintain safety programs.” It also predicts the act would increase litigation over OSHA fines and disrupt the cooperative programs between OSHA and companies.
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Tags: criminal prosecution, jail for managers, workplace safety