New Indiana Law Almost Doubles the Maximum Fine for Hoosier Worker Deaths
Many workers on the job in both Indiana and Illinois face serious threats to their very lives each day they enter their work site, as we have discussed before. Many of these tragic employee deaths are caused by mistakes or neglect on the part of the employer.
Managers, supervisors, and the powers-that-be may be more concerned with maximizing profit than minimizing risk. For more, read:
- Dirty Dozen Report: No Surprise the Most Dangerous Workplaces are Extremely Profitable Companies.
- Companies Ignore OSHA Safety Regulations and Workers Get Hurt on the Job.
Workers on the job, especially those in industries known to be high-risk (including those doing maritime work, construction, railroad work, etc.) must be vigilant throughout their day in an attempt to stay safe and free from harm as their earn their living.
Sadly, many workers are aware of dangers but they are afraid to speak up and voice concerns over safety. See, e.g.: Hurt on the Job Site: Workers Afraid to Make a Safety Complaint.
Employers Ignoring Work Site Safety
Neglecting safety is a major problem facing everyone going to work today in our part of the country. However, an even greater risk exists for the worker – especially those in dangerous working environments. This risk involves employers who are not merely neglectful: these employers go one step further, and intentionally violate safety standards and protocols.
These employers willfully act to put workers at risk, and there are special laws to deal with them. The willful decision to endanger employees by violating safety laws is a criminal act.
When Employers Commit Crimes by Putting Workers in Danger on the Job
Under federal law, 29 U.S.C. § 666(e) establishes that it is a criminal act under federal law, with corresponding criminal penalties, when any employer in this country willfully violates any OSHA (Occupational Safety and Health Act) safety regulation and a worker dies as a result of this violation.
Federal Criminal Law: Willful Act by Employer
In federal courts, “willfulness” is a violation done knowingly and purposely by an employer who, having a free will or choice, either intentionally disregards the OSHA safety standard or is plainly indifferent to its requirement. An omission or failure to act is willfully done if done voluntarily and intentionally.
This willful act by an employer is defined as a criminal act under federal law. It is prosecuted by the Department of Justice, and comes with federal criminal sentencing upon conviction. These are proceedings that are independent of any private, personal injury or wrongful death case filed by or on behalf of the injured worker.
Upon conviction, the Justice Department can ask for the court to fine the company for its willful conduct. The maximum fine for willful violations of federal OSHA regulations is set at $132,598.
For details, read The Department of Justice Criminal Resource Manual 2001-2099 regarding 29 USC 666(e) and the discussion therein.
Amended Indiana Law: Willful Act by Employer to Violate Worker Safety Laws
An amendment to Indiana worker safety law IC 22-8-1.1-27.1 will be effective July 1, 2019. Here is the full text of this Indiana law, with its amendments appearing in boldface:
Sec. 27.1. (a) The commissioner may assess the following civil penalties:
(1) Any employer who has received a safety order for violation of any standard, rule, or order not of a serious nature may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each such violation.
(2) Any employer who has received a safety order for a serious violation of any standard, rule, or order or this chapter may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each such violation.
(3) Any employer who fails to correct a violation for which a safety order has been issued within the period permitted may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each day during which the failure or violation continues.
(4) Any employer who fails to comply with the posting requirements in this chapter may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each violation.
(5) Any employer who repeatedly violates any standard, rule, or order or this chapter may be assessed a civil penalty of up to seventy thousand dollars ($70,000) for each violation.
(6) Any employer who knowingly violates any standard, rule, or order or this chapter, where any such violation cannot reasonably be determined to have contributed to an employee fatality, shall be assessed a civil penalty of not less than five thousand dollars ($5,000) for each violation and may be assessed a civil penalty of up to seventy thousand dollars ($70,000) for each violation.
(7) An employer who knowingly violates any standard, rule, or order or this chapter, where any such violation can reasonably be determined to have contributed to an employee fatality, shall be assessed a civil penalty of not less than nine thousand four hundred seventy-two dollars ($9,472) for each violation and may be assessed a civil penalty of up to one hundred thirty-two thousand five hundred ninety-eight dollars ($132,598) for each violation.
(b) For purposes of this section, a serious violation exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists or from one (1) or more practices, means, methods, operations, or processes which have been adopted or are in use in the place of employment, unless the employer did not know and could not, with the exercise of reasonable diligence, have known of the presence of the violation.
The new Indiana law creates an automatic monetary fine to be imposed upon an employer for the death of a worker that is shown to be caused by the employer’s willful violation and failure to comply with safety standards.
Indiana Worker Safety Law Amendment Honoring Tragic Death of Shacarra Hogue
The passage of this new legislation has resulted, in part, from the tragic death of 23-year-old Shacarra Hogue when she perished in a horrific crushing incident while on the job at Fort Wayne Plastics.
Investigations revealed that Ms. Hogue’s death involved a machine that was never designed for workers to enter, and that this particular machine had been intentionally altered. Additional contributing factors included allowing Ms. Hogue to be on the job without proper safety training. For more, read “Workers killed on the job honored with memorial and new law,” written by Sandra Chapman and published by WTHR-Indianapolis on April 29, 2019.
From Indiana State Representative Martin Carbaugh, who authored the new Hoosier safety law:
“It’s shocking to me that we have even one company removing vital safety features from a piece of equipment. This tragedy resulted with the death of a young, vibrant woman, and could have easily been avoided. That’s the really frustrating part of all of this.”
Justice for Workers Killed by Willful and Intentional Acts of Their Employer
For workers seriously injured or killed while working on the job, state and federal laws may come into play in the investigation of the accident as well as in the seeking of justice in its aftermath.
While both federal and state laws may impose monetary fines on the employers when there has been a willful violation of safety regulations, this does not work to help the individual victim and their families.
Criminal penalties exist to influence employer behavior, not only to discourage willful violations of safety standards, but to prevent repeated conduct in the future, after the accident has happened. Fines are intended to dissuade employers from violating safety laws by a fear of what the fine might do to the company’s profits and bottom line.
For victims of willful or intentional conduct by an employer that has resulted in the serious injury or death of a worker in Indiana or Illinois, it is important that they investigate their rights under state and federal law for personal injury and/or wrongful death claims against the employer, as well as other parties that may share legal responsibility for the incident.
For more on worker safety laws, see:
- Workers’ Compensation in Indiana and Illinois: Work-Related Injuries and the Fight Against Corporate Greed
- OSHA and Work-Related Accident Claims in Indiana and Illinois
- Indiana OSHA Report Released on State Fair Tragedy: Mid-America Sound Corp. Fined $63,000. It’s Not the End of the Story.
It is shocking to think that companies in Indiana or Illinois may think so little of their worker’s safety on the job that they will intentionally violate the law in order to maximize their revenue. We hope this new Hoosier law will save lives in the future. Victims of this type of greed must be protected and justice must be sought for both them and their families. Please be careful out there!
