Re: What A Way To Die
Posted by:
fact checker
()
Date: September 15, 2011 10:05AM
Radiophile Wrote:
-------------------------------------------------------
> fact checker Wrote:
> --------------------------------------------------
> -----
> > Radiophile Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > "No criminal charges will be filed, according
> > to
> > > police. Occupational Health and Safety
> > > Administration will investigate the incident."
>
> > >
> > > Very badly worded at best. Closer to
> > > mis-information.
> > >
> > > OSHA regulations are criminal and violations
> > and
> > > negligence are criminal statues and can be
> > tried
> > > in the courts and jail time issued if they
> want
> > > to.
> >
> > Once again, you are wrong. Only WILLFUL
> > violations carry potential criminal penalties.
>
>
> Once again you are fucked up.
>
> Criminal/Willful Violations. Section 17(e) of
> the
> Act provides that: "Any employer who
> willfully
> violates any standard, rule or order
> promulgated
> pursuant to Section 6 of this Act, or
> of any
> regulations prescribed pursuant to
> this Act, and that
> violation caused death to any
> employee, shall, upon
> conviction, be punished by a fine of
> not more than
> $10,000 or by imprisonment for not
> more than six
> months, or by both; except that if the
> conviction is
> for a violation committed after a
> first conviction of
> such person, punishment shall be a
> fine of not more
> than $20,000 or by imprisonment for
> not more than one
> year, or by both."
>
> The Area Director, in coordination with the
> Regional Solicitor, shall
> carefully evaluate all
> willful cases involving worker
> deaths to
> determine whether they may
> involve criminal
> violations of Section 17(e) of
> the Act. Because
> the nature of the evidence
> available is of
> paramount importance in an
> investigation of this
> type, there shall be early and
> close liaison
> between the OSHA investigator,
> the Area
> Director, the Regional
> Administrator, and the
> Regional Solicitor in
> developing any finding
> which might involve a violation
> of Section 17(e)
> of the Act.
>
> What is willful? Well let us say the employee was
> not wearing his reflective vest. That MAY NOT be
> by itself "willful". Two employees not wearing
> their vests? That would be willful and posiibly
> criminal. But OSHA would determine that.
>
>
>
> What is "Crimianl" a violation of OSHA
> regulations. Just like any criminal act, there are
> severities. You speed and get caught - you broke
> the law and you get a ticket. You speed and
> someone dies - you may end up going to jail.
>
>
> I said OSHA violations are criminal. Just because
> you had something to add, doesn not make what I
> said wrong.
You were wrong. OSHA violations that are deemed criminal must have been proven to have derived from "wilful" conduct NOT "negligence." You wrote this: "OSHA regulations are criminal and violations and negligence are criminal statues." That was wrong. Clearly wrong. It is even more wrong to defend an inaccurate statement once the facts have been presented to you. Perhaps you should change your name to Pinocchio.
I am currious, do you stand by your misinformation because you are stubborn or stupid?