What is Wrong With the OSH Act?
An Overview Weak sanctions for violations of the OSH Act, inadequate tools for keeping track of workplace safety trends, and inadequate protections for whistle blowers who elect to assert the right to a safe and healthy workplace which the OSH Act guarantees America’s employees are among the factors that have blocked OSHA from fulfilling its mission. 1. Weak Criminal Penalties The criminal penalty for harassing a wild animal on federal land is more severe than the current criminal penalty for willful violations of the OSH Act resulting in an employee’s death. (28) In addition, the weakness of the penalties dramatically lessen the likelihood that a prosecutor will even pursue a criminal case for an OSH Act violation. (29) An estimated 294,488 employees died as a result of traumatic occupational injuries during the first 25 years of the OSH Act (1970-1994). (30) Yet, according to the U.S. Department of Labor, Office of the Solicitor’s Information on Criminal Prosecutions, released on Jan
