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Assume that a fatality occurred at your facility one month prior to the OSHA inspection. Review the citations and penalties that were assessed to your facility, and respond to the following questions: Which of the citations could be referred to the U.S. DOJ for criminal proceedings? What conditions would have to be met before the citations could be referred for criminal proceedings? Which individuals working at your facility could face criminal charges under the Act? What would be the maximum prison sentence and fines that any individual would face? What would be the maximum fine that the company would face? If you were facing criminal charges under the Act, what would be your best defense? How could you involve the OSHRC in the criminal case(s)?

 

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