Departments of Justice and Labor Announce Expansion of Worker Endangerment Initiative
WASHINGTON – In an effort to prevent and deter crimes that put the lives and the health of workers at risk, the Departments of Justice and Labor announced a plan to more effectively prosecute such crimes. Under the new plan, the Justice Department’s Environment and Natural Resources Division and the U.S. Attorney’s Offices will work with the Department of Labor’s Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration (MSHA), and Wage and Hour Division (WHD) to investigate and prosecute worker endangerment violations.
Starting last year, the Departments of Justice and Labor began meetings to explore a joint effort to increase the frequency and effectiveness of criminal prosecutions of worker endangerment violations. This culminated in a decision to consolidate the authorities to pursue worker safety statutes within the Department’s Environment and Natural Resource Division’s Environmental Crimes Section. In a memo sent to all 93 U.S. Attorneys across the country, Deputy Attorney General Sally Quillian Yates urged federal prosecutors to work with the Environmental Crimes Section in pursuing worker endangerment violations. The worker safety statutes generally provide for only misdemeanor penalties. However, prosecutors have now been encouraged to consider utilizing Title 18 and environmental offenses, which often occur in conjunction with worker safety crimes, to enhance penalties and increase deterrence. Statutes included in this plan are the Occupational Safety and Health Act (OSH Act), the Migrant and Seasonal Agricultural Worker Protection Act, and the Mine Safety and Health Act (MINE Act).