Punishing the mine safety ostrich -- a primer on personal liabilities
- Crowell & Moring, Washington, DC (United States)
Mine personnel, from firebosses to company presidents, who ignore or flaunt safety, face increasing peril of personal civil and criminal liability under the Mine Act and various federal criminal statutes. This article surveys the many ways none safety {open_quotes}ostriches{close_quotes} can be punished. The most common source for personal liability comes from {section} 110(c) of the Federal Mine Safety and Health Act of 1977 {open_quotes}Mine Act{close_quotes} or {open_quotes}Act{close_quotes}). Section 110(c) allows the Department of Labor`s Mine Safety and Health Administration ({open_quotes}MSHA{close_quotes} to seek both civil and criminal charges against corporate directors, officers and agents for {open_quotes}knowingly{close_quotes} authorizing, ordering or carrying out a violation of a mandatory safety or health standard or Mine Act provision. Similar charges may be brought against those individuals for failure to comply with an order of withdrawal or with an order incorporated in a final decision under the Act (except an order to pay civil penalties or an order in a discrimination case).
- OSTI ID:
- 269101
- Report Number(s):
- CONF-9508117--
- Country of Publication:
- United States
- Language:
- English
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