Criminal liability for health and safety: executives at risk

Article Abstract:

The Occupational Safety and Health Act (OSHA) gives criminal penalties for corporate officials implicated in workplace deaths, but these penalties are rarely used. An online search revealed 13 workplace fatality cases against corporate officials. OSHA preemption was the main defense used. The court ruled against the injured individual in over half the cases, but when looked at over time corporate immunity from criminal charges seems to be eroding. Corporate management should eliminate hazardous workplace conditions in view of the increased likelihood of litigation.

Workplace accidents, Criminal liability of juristic persons, Juristic persons criminal liability

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The liability of supervisory management employees for discrimination

Article Abstract:

US Courts of Appeals disagreed over whether supervisory management personnel should be held personally liable for discrimination that violates either Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. Analysis of the arguments for and against personal liability supported the finding that Congress intended for individual supervisors to be held liable for discrimination. Otherwise, the statutes would fail to deter discriminatory acts.

Employment discrimination, Liability (Law), Legal liability, Supervisors

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The expanding workplace: telecommuting and legal liability under OSHA, ADA, and workers' compensation

Article Abstract:

Issues concerning the increase in telecommuting and the need for employers to make sure telecommuters' work sites comply with federal health and safety standards are discussed. The absence of a ruling on whether workers' compensation covers telecommuting employees is also mentioned.

Standards, Safety and security measures, Occupational health and safety, Occupational safety and health, Telecommuting, Workers' compensation

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