Presentation on theme: "Adapted from Legal Liability: A Guide for Safety & Loss Prevention Professionals by Thomas Schneid & Michael Schumann and from Occupational Safety and."— Presentation transcript:
Adapted from Legal Liability: A Guide for Safety & Loss Prevention Professionals by Thomas Schneid & Michael Schumann and from Occupational Safety and Health Law Handbook fro ABS Consulting, Government Institutes
Roles & conflicts Criminal sanctions Protecting yourself with paperwork Protective theories Class exercise – Personal Risk Assessment
Increase in use by OSHA ◦ DOJ represents OSHA ◦ Willful violations – plain indifference, not intentional disregard ◦ Advanced notice of inspections ◦ Knowingly false statements, representations or certifications State criminal codes ◦ Must be approved by OSHA Or have general applicability (traffic & fire codes) Environmental statutes ◦ No death requirement ◦ Knowing or negligent conduct ◦ EPA and OSHA MOU for joint inspections, referrals and information exchange
For when disaster strikes and the bombs start falling Document details of every action ◦ Management not committed to safety ◦ Compliance is not possible Include correspondence, email, documentation of phone calls, minutes of meetings, denial of funding, etc. Aids with credibility and memory ◦ “Past recollection refreshed” Hindsight is 20/20
3 for civil liability ◦ Indemnification Protection by company for actions within scope of employment Company pays legal fees, penalties and damages ◦ Insurance Creates ‘deep pockets’ Not available for criminal protection or willful actions Can be very expensive ◦ Minimal assets = “Can’t get blood from a turnip” Puts what you do have at risk 1 for criminal liability ◦ Compliance
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