Excerpt: In 1911 more than 100 workers, all women, were killed in the
Triangle Shirtwaste fire. All exit doors to the factory were bolted closed,
preventing the employees’ escape. Some jumped to their deaths. Others were
burned in the fire, or died from the smoke. The local district attorney charged
the owners of the factory with manslaughter. Despite the fact that the
defendants were eventually acquitted, employers were put on notice that their
status was not a shield against immunity from criminal prosecution for failure
to eliminate workplace hazards.
Since the triangle shirtwaste fire the public interest’s in
seriously attacking occupational deaths, injuries, and disease has waxed and
waned. Measure by legislative activity and media coverage it currently has
reached a new high. By the mid 1980s much of the battle to deter unsafe working
conditions moved to another arena, the state courts. Criminal prosecution of
supervisors and management officials is now an important option and is the
subject of this program. According to John Rand, former director of safety
research at the National Institute of Occupational Safety and Health, deaths
caused by work related injuries result in more years of human life loss than
those caused by cancer and heart disease combined. The cost to the United
States alone exceeds 50 billion dollars.
First of all, criminal sanction in the Occupational Safety & Health Act or
rarely applied, now we’re not talking about OSHA, we’re talking about criminal
sanctions against employees or management by local or state district attorneys.