Criminology > CASE STUDY > BOS 3525 UNIT VII ASSIGNMENT; FATALITY SCENARIO (All)

BOS 3525 UNIT VII ASSIGNMENT; FATALITY SCENARIO

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BOS 3525 UNIT VII ASSIGNMENT; FATALITY SCENARIO Assume that a fatality occurred at your facility one month prior to the OSHA inspection. Review the citations and penalties that were assessed to your ... facility, and respond to the following questions: Which of the citations could be referred to the U.S. DOJ for criminal proceedings? What conditions would have to be met before the citations could be referred for criminal proceedings? Which individuals working at your facility could face criminal charges under the act? What would be the maximum prison sentence and fines that any individual would face? What would be the maximum fine that the company would face? If you were facing criminal charges under the act, what would be your best defense? How could you involve the OSHRC in the criminal case(s)? Your response must be a minimum of two pages in length, using at least one reference. All sources must be cited in the text and on the reference page, using APA style. OSHA has a great level of discretion when it comes to the policy of different citations in different circumstances and the determining factors include but are not limited to: the degree of the violation and the severity of the incident. Using these two main factors OSHA determines the level of the imposed penalties understanding that OSHA has also a policy of penalty reduction for small employers and good faith. If it is found that the violations are willful neglect or violated, no reductions in penalties will be granted. A very unfortunate incident occurred and a fatality occurred at the employers facility, prior to an inspection from OSHA, and due to the severity of the situation this case in all likelihood will be handed over to the Department of Justice. The casefile below will include a detailed outline of citations that could potentially be relevant to their case. Due to the severity of the incident, documentation provided will also include a list of personnel that may be affected and charged in the case. The detailed level of documentation that will be provided is due to the fact that the corporation could be penalized with a fine of a minimum $70,000 to a maximum of $ 250,000 for the violation of the provisions of OSHA under the serious citation (Hill, et al. 2014). These various ranging penalties can be applied to each of the violations proved and proven to have been committed. In case one faces criminal charges, the best defense could be lack of awareness that such a violation existed and this can be articulated through the level of documentation that can be collected. Since the burden of proof lies with the accused, there is a lack of documentation and due diligence, the accused will have a very hard time articulating their innocence. The person facing the criminal charges will need to prove beyond ................continued........... [Show More]

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