“One primary reason that historically so few criminal cases have been pursued under the Occupational Safety and Health Act is that it is challenging to prove a criminal violation under the Act,” explained Eric Conn, an industry attorney of the firm Conn Maciel Carey, which represents employers, in a previous blog post.
“Combine that with the fact that, even with a conviction, the consequences are less significant than the consequences for many other white collar crimes and you end of with a situation where the criminal provision of the OSH Act is rarely employed.”
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