In addition to a successful civil lawsuit, criminal prosecution of an employer who repeats Osha Safety Violations is a viable way to deter dangerous practices and encourage safety.
In 2008 a California Roofing Company had repeated Osha Violations for dangerous practices and lack of safety equipment. A worker fell 40 feet to his death onto a concrete side walk. There were no railings, scaffolds, barriers or safety belts available for the worker. The young worker’s large family is left with less than a year’s wages for his death to replace him.
The owner, supervisor and foreman were indicted but claimed a flat roof did not require fall safety protection. However, they plead guilty to felonies in criminal court. These are knowingly, wilful, violations. Osha is to be commended for turning these and other cases over to public prosecutors. Osha provides the investigative work up and testimony.
Aggressive criminal prosecutions for wilful and knowing violations of Osha fall protection will hasten safety practices by employers and contractors in the construction industry. News of this prosecution should be wide spread. Construction workers will work safe if provided the safety equipment causing injuries and deaths to go down.