Criminal Actions for OSHA Violations

As noted, the enforcement arm of OSHA has the power in some situations to pursue criminal prosecutions against employers who fail to maintain a safe workplace, but it rarely does.

However, state prosecutors are increasingly bringing criminal charges such as reckless endangerment and even murder against employers whose behavior seriously endangers workers.

You may want to contact your state’s attorney general about the possibility of criminal action if your work conditions pose a serious threat of injury or death to you or your coworkers and you are not able to resolve your concerns through OSHA or other civil actions.

While employers can be prosecuted for criminal negligence when an employee dies as a result of violations of OSHA regulations, such convictions are rare. In fact, in the first 20 years the law was in effect, only one employer was convicted and sent to jail for such a death. The main reason for this low conviction rate is that, under OSHA, prosecutors must show that an employer’s violation of workplace safety rules was willful—that is, done on purpose—a subjective standard that can be tough to meet