Occupational safety is not just a responsibility, but a fundamental duty every employer must uphold to protect their workforce. The Occupational Safety and Health Administration (OSHA) establishes these standards through regulations designed to minimize workplace risks, underscoring the severity of OSHA violations.

While most OSHA violations lead to fines and corrective actions, it's crucial to understand that certain severe breaches can escalate to criminal liability. Specifically, under 29 U.S. Code 666(e), an employer who willfully violates an OSHA standard and that violation results in the death of an employee can face federal criminal charges.

Employers who willfully violate an OSHA standard resulting in the death of an employee can face federal criminal charges.

29 U.S.C. 666(e) says, "Any employer who willfully violates any standard, rule, or order promulgated pursuant to section 655 of this title, or of any regulations prescribed pursuant to this chapter, and that violation caused death to any employee, shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both; except that if the conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than $20,000 or by imprisonment for not more than one year, or by both."

Suppose OSHA issues your employer a "willful" violation. In that case, it means they found that your employer knowingly failed to comply with a legal requirement or acted with plain indifference to employee safety, potentially facing significant penalties.

A 'willful' violation, as defined by OSHA, is a serious matter. It occurs when an employer either knowingly disregards legal rules and regulations or acts with indifference to the health and safety of their employees, potentially leading to severe consequences.

This type of violation happens when an employer is aware of a safety hazard or requirement but intentionally chooses to ignore it or fails to take necessary action to correct it. A plain Indifference occurs when an employer demonstrates a lack of concern for employee safety, even if they are not explicitly aware of a specific hazard or requirement.

What Does the Law Say?

29 U.S. Code 666(e) outlines the federal criminal penalties for employers whose willful violations of OSHA standards result in the death of an employee. It states that an employer who knowingly disregards safety standards and, in doing so, causes a fatality can face fines, imprisonment, or both.

Specifically, the statute prescribes the following penalties:

• For a first offense, an employer may face a fine of no more than $10,000, imprisonment of up to six months, or both.
• If the violation occurs after a prior conviction for the same offense, the penalties increase to a maximum fine of $20,000, imprisonment for up to one year, or both.

The inclusion of criminal penalties underscores the law's serious view of willful violations that contribute to fatal workplace accidents. The law aims to hold employers accountable when neglecting standards leads to preventable tragedies.

Elements of the Crime

To secure a conviction under 29 U.S.C. 666(e), the prosecution must prove several things beyond a reasonable doubt. These elements include:

• Existence of an OSHA Standard: The first element requires showing that a specific OSHA standard, rule, or order was in place at the time of the violation. These standards vary widely across industries and may include requirements related to equipment maintenance, employee training, or hazard prevention measures.
• Willful Violation of the Standard: For the violation to be considered willful, the employer must have knowingly ignored the OSHA standard or acted with plain indifference to its requirements. Mere negligence will not suffice. Willfulness often involves evidence that the employer was aware of the requirement but consciously chose not to comply with it.
• Causation: The prosecution must establish a direct link between the willful violation and the employee's death. This means the violation must have been a substantial factor in causing the fatality and not merely coincidental or unrelated to the incident.
• Resulting Death of an Employee: Finally, the law applies specifically to cases where an employer's willful violation leads to the death of an employee.

What Are Related Federal Laws?

29 U.S. Code Chapter 15, Occupation Safety and Health, has several related federal statutes, including the following:

• 29 U.S.C. 651 - Congressional statement of findings and declaration of purpose and policy.
• 29 U.S.C. 652 - Definitions.
• 29 U.S.C. 653 - Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law, or statutory rights, duties, or liabilities of employers and employees unaffected.
• 29 U.S.C. 654 - Duties of employers and employees.
• 29 U.S.C. 655 - Standards.
• 29 U.S.C. 656 - Administration.
• 29 U.S.C. 657 - Inspections, investigations, and recordkeeping.
• 29 U.S.C. 658 - Citations.
• 29 U.S.C. 659 - Enforcement procedures.
• 29 U.S.C. 660 - Judicial review.
• 29 U.S.C. 661 - Occupational Safety and Health Review Commission.
• 29 U.S.C. 662 - Injunction proceedings.
• 29 U.S.C. 663 - Representation in civil litigation.
• 29 U.S.C. 664 - Disclosure of trade secrets; protective orders.
• 29 U.S.C. 665 - Variations, tolerances, and exemptions from required provisions; procedure, duration.
• 29 U.S.C. 666 - Civil and criminal penalties.
• 29 U.S.C. 667 - State jurisdiction and plans.
• 29 U.S.C. 668 - Programs of Federal agencies.
• 29 U.S.C. 669 - Research and related activities.
• 29 U.S.C. 669a - Expanded research on worker health and safety.
• 29 U.S.C. 670 - Training and employee education.
• 29 U.S.C. 671 - National Institute for Occupational Safety and Health.
• 29 U.S.C. 671a - Workers' family protection.
• 29 U.S.C. 672 - Grants to States.
• 29 U.S.C. 673 - Statistics.
• 29 U.S.C. 674 - Audit of grant recipient; maintenance of rec­ords; contents of records; access to books, etc.
• 29 U.S.C. 675 - Annual reports by the Secretary of Labor and the Secretary of Health and Human Services; contents.
• 29 U.S.C. 677 - Separability.
• 29 U.S.C. 678 - Authorization of appropriations.

Defenses to Allegations

Being accused of a willful violation of OSHA standards is a serious matter, especially when it involves an employee's death. However, being charged with the crime does not guarantee a conviction.

A skilled federal criminal defense attorney may employ certain defense strategies to counter the charges, depending on the specific circumstances of the case. Common defenses include:

• Lack of Willfulness: The prosecution must prove that the employer's actions were taken intentionally or knowingly. If the employer can demonstrate that they were not aware of the violated standard, made a good-faith effort to comply, or acted in good faith based on reasonable interpretations of the rules, this may effectively counter the willfulness element.
• Causation Issues: It is not sufficient for the prosecution to demonstrate that an OSHA standard was violated. They must also prove that this violation directly caused the employee's death. Any intervening factors or alternative causes for the fatality could undermine this connection. (For example, if the employee's cause of death was a heart attack due to underlying conditions, and the death coincided with an injury, a good attorney may argue that the violation was incidental and not a direct cause of death.)
• Compliance with OSHA: An employer may demonstrate compliance with applicable OSHA standards at the time of the incident. Employers who document regular safety checks, employee training, or hazard assessments may utilize this documentation as part of their defense.
• Unforeseeable Circumstances: If the employee's death resulted from unforeseeable or uncontrollable events, the employer may not be held liable. For example, an act of nature or an unforeseeable error by a third party could absolve the employer of direct responsibility.
• Violation by the Employee: Another potential defense is that the employee's actions directly violated company policies or safety instructions that aligned with OSHA standards. Courts may consider the role of employee behavior in assessing faults.

For more information, contact our federal criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, California.

Related Content:

• OSHA Laws and Regulations
• OSHA Violation Penalties
• Title 29 U.S. Code 666