BOS 3525 Assignment 7. Occupation Safety and Health Administration

Occupation Safety and Health Administration
Name
Institutional Affiliation
 
Occupation Safety and Health Administration
A fatality occurred at the facility one month before the inspection from Occupation Safety and Health Administration (OSHA). It is vivid that OSHA's provisions and policy differ depending on the occurrence. The citation that OSHA relies on is primarily determined by the severity of the accident and the violation degree.  Due to the seriousness of the situation, the case may be forwarded to the Department of Justice (DOJ). 
Citations That Could Be Referred To DOJ
OSHA could rely on the citation of willful violations. According to section 17 of the OSHA act, a willful violation emerges when an employer has portrayed intentional disregard of the act requirements or plain insignificance to employee health and safety. Certainly, this citation will be the basis for the referral of the case to the DOJ for criminal proceedings.
Condition That Would Be Met Before the Proceeding 
Section 17 (e) of the Act, which states that "an employee would be charged with a criminal act if certain variables are identified” (U.S Department of Labor, 2016). In this case, OSHA would have efficiently proved that the violations by the employer are willful, and should have caused death to an employee. Under these conditions, including the investigation of whether an employer was aware of the act applicable standard and workplace conditions, but did not abate the problem. The willful citation would also be issued after the governing body identifies that the employer was in the know of specific solutions to address a problem. Ultimately, OSHA will have to first confirm these conditions beyond a reasonable doubt before continuing with the criminal proceedings.
Individuals the Could Face Charges
The employer of the facility could face a charge for violation of the Act. Under the Act, corporate officers and the directors all fall within the concept of "...