269993 Working with District Attorneys to Bring Criminal Charges Against Employers

Tuesday, October 30, 2012 : 11:42 AM - 12:00 PM

Cora Gherga , Cal/OSHA, Oakland, CA
     
In recent years, Cal/OSHA's enforcement offices and Bureau of Investigation have worked closely with California's 58 county District Attorneys to provide the information the DAs need to file criminal charges against employers whose actions, or failure to act, result in the deaths of their employees. These cases include a major university and one of its professors charged in the death of a young graduate student in a chemistry lab, and a roofing company whose owner and job-site supervisor are now serving time in jail for the death of an employee. This presentation will describe several of these cases and analyze the differences between administrative law (Cal/OSHA citations) and criminal law, and how regulatory enforcement agencies can maximize the deterrent effect of their activities by working closely with county District Attorneys.

Learning Areas:
Occupational health and safety
Public health administration or related administration
Public health or related organizational policy, standards, or other guidelines

Learning Objectives:
This presentation will describe several of these cases and analyze the differences between administrative law (Cal/OSHA citations) and criminal law, and how regulatory enforcement agencies can maximize the deterrent effect of their activities by working closely with county District Attorneys.

Keywords: Government, Workplace Safety

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I have been working for Cal/OSHA for 18 years in various capacities including field compliance officer, District Manager and Regional Manager, my current position.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.

Back to: 4138.0: Major Enforcement Cases and New Initiatives at Cal/OSHA