Federal Appeals Court Upholds Criminal Convictions After OSHA Inspection: What Employers Must Know to Avoid Jail Time
A federal court of appeals just upheld the convictions of two workplace managers after an OSHA inspection quickly evolved into a criminal prosecution. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to employers with the June 10 decision: misconduct during workplace safety inspections, especially those involving false records and statements, can lead to prison time and multi-million-dollar fines. What are the three main takeaways employers and corporate managers should take from this decision? Workplace Tragedy Leads to Federal Prosecution On May 31, 2017, an explosion at Didion’s corn milling facility in Cambria, Wisconsin, killed five workers and injured several others. In the aftermath, OSHA cited the company for more than 20 serious and willful violations and imposed $1.8 million in fines as part of a settlement agreement with the U.S. Department of Labor. However, the company’s problems were far from over. After OSHA completed its investigation, the DOL refe...