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Is there ever an instance where you feel that an employer should be held liable for murder in the death of an employee? Yes, it is the right of the employee to have a safe and healthy working environment. Employers like employees have rules, regulations, and/or guidelines mandating their adherence and if not followed may result in damage, injury, or death. Negligence on behalf of an employer is still a criminal act, and should be dealt with as such. Employers have a duty to uphold and responsibility to their employees well being and if they do not are held accountable.
In today’s workplace, every employee has the right to expect a safe and healthy environment and it is the duty of the employer to provide. Organization such as Occupational Safety and Health Administration (OSHA) have a mission to save lives, prevent injuries and protect the health of Americas workers. To accomplish this, federal and state governments must work in partnership with the more than 100 million working men and women and their six and a half million employers who are covered by the Occupational Safety and Health Act of 170 . Over the years, industry progress has used human lives as a price for their success. No person should accept a job-related accident or illness as status quo. OSHA enables employers and employees comprehend a basic understanding of the fundamentals of workplace safety, which is necessary for those involved in industry today. This understanding of regulations is the first step toward promoting a safe workplace as well as having guidelines both employer and employee must obey.
Companies or corporation do not make willful act against its employees, but specific persons, sometimes their capacity as representatives of disembodied corporations, can be held accountable for a preventable and predictable event. Employers of industry companies have rules and regulations to follow in day-to-day business; these rules established for the greater good of the company. History shows that certain workplace fatality issues are preventable due to cutting corners on safety, which is why I believe negligence of employers resulting in death is murder or manslaughter. If the head of a construction site willfully ignores safety issues and continues to allow his employees to work in such conditions, he is responsible for any events that may take place. Guidelines, regulations, procedures, and/or operating instructions all set in place to assist in preventing such misfortune, and to freely disregard these rules for sake of getting a job done quicker or at less cost is a morale decision someone is prepared to make at the sacrifice of lives.
Negligence on behalf of an employer is the same as negligence of a person driving an automobile; it is a criminal act punishable by the law. He driver did not intend to kill anyone and is horrified that his or her recklessness has resulted in the death of another human being. Like the drunk behind the wheel, corporations generally do not intend to kill people. Yet, they kill people with their reckless actions. Moreover, the majority of in driving cases, individuals will be prosecuted for involuntary manslaughter in drunk driving death cases, in the majority of corporate cases; corporations are not prosecuted for involuntary manslaughter when people die because of their recklessness. Negligence is negligence, whether individual or corporate, someone needs to be held responsible for such actions.
Employees of corporations have the right to work in safe and healthy atmospheres. Organizations like OSHA establish guidelines to prevent injuries and protect the health of these employees. It is when corporations’ neglect established regulations that a criminal act is willfully committed on their behalf. Corporations, employers, and employees all have a duty to one another to uphold and if not held accountable for their actions, then corporation will continue to get away with murder.
Occupational Safety and Health Administration; http//www.osha.gov/oshinfo/mission.html
“When does a worker’s death become murder”? American Journal of Public Health Washington; Apr 000; David Rosner.
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