News & Analysis as of July 24, 2025

Department of Justice (DOJ)

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

7th Circuit Upholds Criminal Convictions Under OSHA

Cozen O'Connor on 6/30/2025

A recent case in the 7th Circuit, upholding the criminal convictions of two supervisors based on their falsification of health and safety records, serves as an important reminder that although uncommon, the Occupational...more

Federal Appeals Court Upholds Criminal Convictions After OSHA Inspection: What Employers Must Know to Avoid Jail Time

Fisher Phillips on 6/16/2025

A federal court of appeals just upheld the convictions of two workplace managers after an OSHA inspection quickly evolved into a criminal prosecution. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to...more

Top 10 Workplace Law Predictions for 2024

Fisher Phillips on 12/29/2023

It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/18/2022

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

OSHA Notes Increase in Criminal Prosecutions

Parker Poe Adams & Bernstein LLP on 8/13/2021

Last month, a Colorado business owner was sentenced to 10 months in prison following the death of one of his workers in a trenching accident. The deceased employee had not been trained in appropriate trenching techniques, and...more

Criminal Enforcement/Lead Based Paint Rules: U.S. Department of Justice Announced Sentencing of Washington, D.C., Individual for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/24/2020

The United States Department of Justice (“DOJ”) issued a January 16th news release stating that a Washington, D.C. individual had been sentenced in the United States District Court for allegedly violating the Toxic Substances...more

But I'm in HR - What Do You Mean I Can Go to Jail?

Foley & Lardner LLP on 7/2/2019

Wage and hour laws. Child labor laws. OSHA laws. Immigration laws. When employers do not comply with these types of employment laws, civil charges and lawsuits are not the only thing that can happen. In what may come as...more

DOJ Indictment of Senior Project Manager Reminds Employers of Severity of Potential Consequences When Dealing With OSHA Inspectors

BakerHostetler on 4/26/2017

A 49-year-old senior project manager for a roofing contractor was indicted on April 19 on three charges that he made false, fictitious and fraudulent statements to federal OSHA investigators. The Department of Justice accuses...more

Scrap Processor Sentenced on OSHA Criminal Violation Causing Death of Employee

Seyfarth Shaw LLP on 7/15/2016

Seyfarth Synopsis: Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws. And, companies can face stiff fines and other business-disrupting (or ending) collateral consequences...more

Goodbye Carrot, So Long Stick…Hello Club!

Fisher Phillips on 3/17/2016

Most would agree that workplace safety is of the utmost importance. Accordingly, the Occupational Safety and Health Act of 1970 (“OSH Act”) was enacted for the purpose of ensuring that employers provide their employees safe...more

Departments of Justice and Labor Announce Initiative to Provide for Significantly Increased Criminal Penalties for Workplace...

BakerHostetler on 2/23/2016

On December 17, 2015, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced an expansion to the Worker Endangerment Initiative intended to increase the frequency and effectiveness of criminal...more

Worker Endangerment Initiative May Increase Criminal Prosecutions of Worker and Health Safety Violations

Perkins Coie on 2/18/2016

The U.S. Department of Justice issued a Memorandum to all U.S. Attorneys and entered into a Memorandum of Understanding (MOU) with the U.S. Department of Labor on December 17, 2015 to bolster the federal government’s arsenal...more

New DOJ and DOL Initiative Marries Environmental Crimes with Worker Safety Violations

Epstein Becker & Green on 1/11/2016

The last quarter of 2015 was marked by an ever-increasing drumbeat of employee and union concern over what many viewed as the Occupational Safety and Health Administration’s (“OSHA’s”) anemic enforcement capability. The...more

DOJ to Increase and Strengthen Criminal Worker Safety Prosecutions

Robinson+Cole Manufacturing Law Blog on 1/6/2016

With the new year comes a new focus on increasing criminal prosecutions against employers for worker safety violations. In the end of December, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced...more

OSHA and MSHA Criminal Prosecutions – DOJ Announces New Procedures After CEO Verdict

Littler on 12/28/2015

On December 17, 2015, the U.S. Departments of Justice (DOJ) and Labor (DOL) announced a new memorandum of understanding (MOU) to increase the frequency and effectiveness of criminal prosecutions of so-called worker...more

DOJ Redoubles Efforts to Prosecute Workplace Violations as Environmental Crimes

Alston & Bird on 12/22/2015

Reporting that 13 workers in America die each day on the job due to injuries and 150 workers succumb to exposure to carcinogens and other toxic and hazardous substances while working, the United States Department of Justice...more

Criminal Prosecutions and Workplace Safety

Adams and Reese LLP on 12/22/2015

On September 15, 2015, we wrote an OSHA Bulletin that summarized a memorandum issued by Deputy Attorney General Yates. You can read the Bulletin here. On December 17, 2015, Yates issued another memorandum that will impact all...more

DOJ and DOL Expand and Promote the Worker Endangerment Initiative

Katten Muchin Rosenman LLP on 12/22/2015

The US Department of Justice (DOJ) has announced an expanded national initiative to pursue criminal charges in cases involving worker endangerment. Deputy Attorney General Sally Quillian Yates directed all 93 United States...more

U.S. Department of Justice Expands Worker Endangerment Initiative

Bracewell LLP on 12/22/2015

On December 17, 2015, Deputy Attorney General Sally Yates issued a memorandum to all 93 U.S. Attorneys urging federal prosecutors to work with the Department of Justice Environment and Natural Resource Division (ENRD) to...more

New DOJ Prosecutorial Initiative Blends Environmental and Worker Safety

Beveridge & Diamond PC on 12/21/2015

Companies with Occupational Safety and Health Administration (OSHA) citations may face criminal charges going beyond those allowed under the OSHA statute, under a new Worker Endangerment Initiative and Memorandum of...more

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Occupational Safety and Health Administration › Criminal Prosecution › Department of Justice (DOJ)

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