S. Rep. No. 1282, 91st Congress, Second Sess. 2–4 (1970), Leg. Hist. Note 6, at 142–144.
2.
29 USC Section 651–678.
3.
29 USC Section 651(b).
4.
U.S. v. Park (1975) 421 U.S. 658.
5.
State v. Ford Motor Co. (filed February 2, 1979) No. 5324 Indiana Superior Court.
6.
29 USC Section 666(j).
7.
29 USC Section 666(a).
8.
29 USC Section 666(d).
9.
29 USC Section 666(e).
10.
Criminal Referrals by OSHA to the Department of Justice and Cases Initiated by U.S. Attorneys (as of February 2, 1988), attached to testimony of Jerry G. Thorn, Deputy Solicitor of Labor, before the subcommittee on Employment and Housing, Committee on Government Operations, U.S. House of Representatives, February 4, 1988.
11.
United States v. Dye Construction Co. No. 73-CR-417 (Denver, Colorado, February 6, 1974), affd. 510 F 2d 78 (10th Cir. 1975).
12.
Cr. No. 74-1832 F. (C.D. Cal. Jan 14, 1975).
13.
United States v. Pinkston-Hollar, Inc., No. 76-33-CR6 (D. Kan., February 26, 1976, verdict entered October 12, 1976).
14.
Cr. No. 72-0-239 (D. Neb., January 27, 1974).
15.
Cr. No. G-80-11 (S.D., Tex., November 13, 1981).
16.
Cr. No. 81-16 D (W.D., Oklahoma, February 27, 1982).
17.
Cr. No. 81-71A (M.D., Louisana, October 26, 1981).
18.
29 USC Section 666(g).
19.
18 USC Section 1001 and 1505.
20.
RedinStephen, “Corporate Criminal Liability for Employee Endangering Activities”, 18 Columbia Journal of Law and Social Problems (1983), 39, at 52–54.
21.
LevinMichael H., “Crimes Against Employees: Substantive Criminal Sanctions Under the Occupational Safety and Health Act”, American Criminal Law Review, (1977) Vol. 14: 717.
22.
The Warner-Lambert decision was strongly, and we believe properly, criticized by Stephen Redin in “Corporate Criminal Liability for Employee Endangering Activities,” supra. Perhaps as a result of the Warner-Lambert decision, criminal sanctions were not sought to be imposed upon employers due to unsafe working conditions with any regularity until the mid 1980s. An exception to this was prosecution under specific laws applicable to employers in California.
23.
People v. Gaglione (1982) 138 CA3d52.
24.
People v. Film Recovery Systems Inc., Nos. 84 C5064 and 83C11091 (Cir. Ct. of Cook County, Ill., June 14, 1985). This case, and criminal prosecutions of OSHA violations in general, is discussed at length in “Policy Considerations in Corporate Criminal Prosecutions After People v. Film Recovery Systems, Inc.,” Notre Dame Law Review (1987) Vol. 62:969.
25.
Over the past several years, Federal OSHA has adopted a policy favoring “records inspections.” Under that policy, where records show that the employer has fewer than average injuries and illnesses, inspections of that operation are waived. As a result, there is an increased incentive for employers to under-report. In fact, the largest fines imposed by Federal OSHA of late have been for such recordkeeping violations, rather than substantive safety and health violations.
26.
People v. Pymm Thermometer, No. 930-86, Appeal filed March 21, 1988.
27.
People v. Michael Charles Maggio, #A780779, filed March 26, 1986.
28.
People v. Jeffrey Gonterman, #A919972, filed July 21, 1987.
29.
People v. Dr. Richard Hu, Benjamin Lowe, Michael Berry, G.A.L. Concrete Construction Co., and Panda Development and Construction Company, #A962219, filed January 6, 1988. A preliminary hearing was scheduled for May 31, 1988.
30.
People v. Charles Wilson and James Lee, #A954496, filed July 21, 1987.
31.
Labor Code Section 6425–-Any employer, and every employee having direction, management, control, or custody of any employment, place of employment, or other employee, who willfully violates any occupational safety or health standards, order, or special order, or Section 25910 of the Health and Safety Code, and that violation caused death of any employee, or caused permanent or prolonged impairment of the body of any employee, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($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 twenty thousand dollars ($20,000) or by imprisonment for not more than one year, or by both.
32.
(a) Knowingly or negligently violates any standard, order, or special order, or any provision of this division, or of any part thereof in, or authorized by, this part the violation of which is deemed to be a serious violation pursuant to Section 6432.
33.
Penal Code Section 385(b)–-Any person who either personally or through an employee or agent, or as an employee or agent of another, operates, places, erects or moves any tools, machinery, equipment, material, building or structure within six feet of a high voltage overhead conductor is guilty of a misdemeanor.
34.
People v. Southern California Gas Company, #M864456, filed July 18, 1985.
35.
People v. Golden State Foods, Jack Reily, Stan Hailey and Armando Hernandez #31386211, filed June 11, 1985.
36.
People v. Reliance Steel and Aluminum Company Inc., CriderJoseph D.DehlMark, Ed Kijewski, and ConwayDennis, #S34359, filed July 22, 1985.
37.
People v. GTE Products Corporation, John Wayne Lansford, and Dale Niezgocki, #M270690, filed November 13, 1985.
38.
People v. Golden State Foods, supra.
39.
People v. California Pacific Poultry Inc., Robert Ferro, Larry Posik, and Armando Velasquez, #M139709, filed January 27, 1986.
40.
People v. Star Scrap Metal Co. Inc., Allen Richard Stein, and Rose Starow Stein, #M96482, filed January 31, 1986.
41.
People v. Steve Lymon and Robert L. Henderson, #M48042, filed October 24, 1985.
42.
Sentencing in Reliance Steel has been delayed pending a ruling on a motion for a new trial.
43.
People v. Dial Corporation, Skip Foster, Daniel J. King, and Nelson Landman, #87-M00849, filed February 21, 1986.
44.
Harvard Law Review (1987) Vol. 101: 535.
45.
Lovelace v. Sabine Consolidated (1988) 756 S.W. 2nd 865.
46.
147 Ill. App. 3d 797, 510 NE2d 1173 (1987).
47.
People v. Pymm Thermometer, N.Y. Sup. Ct. November 13, 1987.
48.
State of Wisconsin ex rel. Cornellier v. Black (No. 87-1120-W.)
