| Criminal Charges after OSHA Inspection: What Employers Need to Know |
| Criminal Charges After OSHA Inspection: What Employers Need to Know A recent federal court decision is a wake-up call for employers. The 7th Circuit Court of Appeals upheld criminal convictions against two managers at a Wisconsin milling facility following a fatal workplace explosion and a subsequent OSHA investigation. What began as a routine safety inspection quickly turned into a full-scale criminal prosecution—ultimately leading to prison sentences and millions in fines. The message is clear: misleading regulators or falsifying safety documents isn’t just a compliance issue—it can be a criminal one. In this case, managers were convicted for knowingly submitting false compliance documents and manipulating safety logs to deceive OSHA and other agencies. Even though some supervisors didn’t physically create the false records, their signatures—and silence during audits—were enough to support criminal convictions. One executive was sentenced to 24 months in prison for signing off on environmental compliance reports he knew were inaccurate and for helping conceal falsified logs during an audit. This case reinforces a critical point: employers and their leadership teams are accountable not just for what they do, but also for what they allow or ignore. If your internal records don’t match reality—or if employees are coached to “clean things up” before a regulator or client visit—your risk skyrockets. Even long-term customer relationships can be at stake if regulators uncover deception tied to food safety, environmental standards, or OSHA compliance. Three key takeaways for employers: (1) OSHA inspections can lead to criminal charges if dishonesty or obstruction is uncovered (2) Supervisors can face personal criminal liability even without directly falsifying records, and (3) Compliance teams need proper training and oversight. Regular audits, clear protocols, and a zero-tolerance approach to dishonest recordkeeping should all be part of your compliance playbook Upcoming this Fall! HRN will be launching a safety campaign to ensure clients and employers are adhering to Cal/OSHA safety requirements, which include: IIPP – Injury & Illness Prevention Program WVPP – Workplace Violence Prevention PlanHeat Illness ProgramSafety Training & Instruction Emergency Procedures Hazard Identification and CorrectionReporting and Recordkeeping If you need a referral to our safety consultant or want more information about this Alert, please reach out to your HR Business Partner. |
