OSHA Enforcement Can Be Criminal

Dec. 8, 2000
It is unusual for OSHA enforcement actions to result in criminal\r\nconvictions, but recently a number of such cases have come to light.

It is unusual for OSHA enforcement actions to result in criminal convictions, but recently a number of such cases have come to light.

The most unusual one was an extortion racket: a man posing as a workplace safety inspector threatened Los Angeles business owners with fines for bogus violations unless the employers paid him off in cash.

But the problem of OSHA inspector impersonation is not limited to Los Angeles. There have been recent reports from Colorado and Michigan that thieves there are also using the OSHA name in attempts to steal with impunity.

A Washington, D.C., OSHA spokesperson advises business owners with any questions about the identity of an inspector to ask for a second form of identification and to call the area office to confirm the bona fides of the individual.

Using a fake Cal-OSHA inspector''s badge Mark Jackson targeted minority-owned small businesses in the Los Angeles area.

Some business owners complained to the Cal-OSHA office in Anaheim, which notified the police.

A sting operation caught Jackson''s scam on tape. His OSHA disguise now revealed, Jackson pled guilty to burglary on Oct. 31, appropriately enough.

He will serve three years in prison, according to a spokesperson for the Los Angeles County District Attorney.

On Nov. 1 in Michigan, the owner of an underground tank removal company pled guilty to attempted involuntary manslaughter and criminal violations of the Michigan OSHA Act in the 1994 death of an employee.

A spokesperson for the Michigan Department of Consumer and Industry Services (MDCIS) said this was the first time in state history that an owner was held criminally responsible for a workplace fatality.

Edmund Woods admitted in court he was supervising work the day a 6,000-gallon gas tank blew up, killing one and injuring three.

Woods also said he knew the wrong cutting device was being used on the flammable tank -- the device which caused the explosion.

The guilty pleas carry a maximum penalty of $35,000 and five years in prison.

"This case should serve as a reminder to all employers that they are accountable for providing a safe and healthy work environment," said Kath Wilbur, director of MDCIS.

This is a lesson Iri Ward, president of Concept Sciences Inc. (CSI), has just learned.

In a 12-count indictment, federal authorities charged him with violating OSHA standards and ignoring several warnings, including one from a potential customer, that a process for making an explosive cleaning material for computer chips was unsafe.

On Feb. 19, 1999, the CSI plant in Allentown blew up, killing four employees and another man working in an adjacent building.

Ward faces a maximum penalty of 24 months in prison, a $3 million fine, and one year of probation.

by James Nash

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

Sponsored Recommendations

Navigating ESG Risk in Your Supply Chain

Sept. 26, 2024
Discover the role of ESG in supply chains, from reducing carbon footprints to complying with new regulations and enhancing long-term business value.

Understanding ESG Risks in the Supply Chain

Sept. 26, 2024
Understand the critical role of ESG in supply chains, the risks for hiring companies, and the competitive edge suppliers gain by prioritizing sustainability.

Best Practices for Managing Subcontractor Risk

Sept. 26, 2024
Discover how to effectively manage subcontractor risk with unified strategies, enhanced oversight, and clear communication for consistent safety and compliance.

Building a Culture of Support: Suicide Prevention and Mental Health in the Workplace

Sept. 26, 2024
Find best practices for setting up an organizational culture that promotes positive mental health and suicide prevention.

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!