Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/632397
40 AGGREGATES MANAGER / February 2016 DOJ and DOL may increase prosecution of worker safety-related cases through its "worker endangerment initiative." Criminal Prosecutions? Kristin R.B. White is a member of Jackson Kelly PLLC's Denver office, focusing on occupa- tional safety and health and environmental law. She can be reached at 303-390-0006 or kwhite@jacksonkelly.com. Benjamin J. Ross is an associ- ate in Jackson Kelly PLLC's Denver office, practicing in the Occupational Safety and Health Practice Group. He can be reached at 303-390-0026 or bross@jacksonkelly.com. Will 2016 Bring More J ust prior to the end of 2015, the De- partments of Justice (DOJ) and Labor (DOL) announced an expanded "worker endangerment initiative." Under this initiative, the government plans to increase both the frequency and effectiveness of its prosecution of worker safety-related cases. DOJ's Environmental Crimes Section of the Natural Resources Division now has the au- thority to pursue convictions under worker safety statutes and to use Title 18, which de- fines all forms of federal crimes, and environ- mental sanctions in conjunction with worker safety statutes in order to enhance penalties. The Federal Mine Safety and Health Act (Mine Act) is one of the statutes included in this plan. This initiative affects operators and con- tractors under Mine Act jurisdiction, and their agents, in two principle ways: an increase in § 110 investigations and harsher conse- quences for criminal violations of § 110(c) of the Mine Act. Section 110(c) of the Mine Act provides that "[w]henever a corporate operator violates a mandatory health or safety standard or knowingly violates or fails or refuses to com- ply with any order issued under this Act..., any director, officer, or agent of such corpo- ration who knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under subsections (a) and (d)" of § 110 of the Mine Act. Based on the power granted to MSHA by § 110, MSHA regularly investigates, and has the ability to charge, agents of an operator for health and safety violations whenever it cites an operator with an unwarrantable fail- ure violation under § 104(d) of the Mine Act. Additionally, MSHA reviews fatal and serious injury accidents, § 107(a) imminent danger orders, and § 104(g) training violations for potential special investigations. MSHA can cite an agent for a civil § 110(c) violation when it determines that the agent knew or should have known about a violation of a standard or order under the Mine Act. A civil violation leads to a monetary penalty of up to $70,000. Section 110(d) allows MSHA to impose criminal penalties of up to $250,000 and a jail sentence of one year on an operator who willfully violates a mandatory health or safety standard or knowingly violates or fails or re- fuses to comply with any order issued under § 104 or § 107 of the Mine Act. For a second conviction, the punishment can be a fine of up to $500,000 and imprisonment for a maximum of five years for corporate directors, operators, and agents. "Knowingly" is defined in the criminal context as an act done volun- by Kristin R.B. White by Benjamin J. Ross ROCKLAW