OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
MAY 31 1990
|MEMORANDUM FOR:||ALL REGIONAL ADMINISTRATORS|
|FROM:||Elizabeth W. Ehringer for LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS|
|SUBJECT:||Procedures for Tracking Criminal Case Referral|
As you are aware, Joan Andersen of my staff has been tracking the criminal case referrals. Tracking begins when an Area Director refers a case to Regional Administrator for criminal review. When this occurs, please advise Mrs. Andersen of the date of the referral, the name of the case, the OSHA-1 number, what constituted the possible criminal activity (i.e., employee died as a result of injuries received in a trench collapse), and the standard(s) involved in the possible criminal activity. Notify Mrs. Andersen of the dates of any subsequent action (i.e., date the Regional Administrator refers the case to the Regional Office Solicitor for criminal review, date the Regional Office Solicitor refers the case to the National Office Solicitor for review, date the national Office Solicitor refers the case to Justice, date Justice refers the case to the U.S. Attorney, date the Grand Jury will convene, and date of indictment).
It will be the Regional Administrator's responsibility to monitor the progress of cases that have been referred to the solicitors for criminal review. The case file will be transmitted to the Regional Office Solicitor with a cover memo requesting a criminal review with a response due within 90 days of receipt. If a response is not received within 90 days of the referral, the Regional Administrator will write to the Regional Office Solicitor requesting an update on the status of the case. The request for a status update will be made at three month intervals from the date of referral until the Regional Office Solicitor either refers the case to the National Office Solicitor for review or determines that no further action will be taken regarding criminal activity.
The Regional Administrator will also be responsible for monitoring the status of the case if the Regional Office Solicitor refers the case to the National Office Solicitor. At three month intervals, the Regional Administrator will write to the National Office Solicitor for a status update through the Director, Office of Field Programs. Please advise Mrs. Andersen of any information received from the Solicitors.
If the case is turned down for criminal action at any level, please notify Mrs. Andersen of the date and reason. Also advise her of any additional information that should be noted on the case (i.e., the U.S. Attorney's office has requested additional information and further investigation is being conducted; local/state criminal prosecution is being developed).
OFP is currently discussing with OMDS automated means of tracking criminal case referrals. Until such time as the tracking becomes automated, the above procedures will be in place.
In the event you need further information or have questions, please contact Mrs. Andersen, N-3119, X523-8071.