Under Occupational Safety and Health Administration (OSHA) regulations, employers are mandated to provide a safe workplace for employees. Included among key employer responsibilities is to have a workplace free from serious recognized hazards, to regularly examine workplace conditions for OSHA compliance, to keep records of work-related injuries and illnesses, and to not discriminate against employees who exercise their rights, such as whistleblowers.
McWane Inc., one of the largest iron pipe foundry companies in North America, was fined 8millionfordozensofsafetyandenvironmentalcrimesatseveralofthecompany′splants.In2003,investigationsbyFrontline,TheNewYorkTimes,andtheCanadianBroadcastingCorporationrevealedhorrificsafetyandenvironmentalviolationsthathadledtothousandsofinjuriesandninedeathsatMcWaneplants.Theprivatelyheldcompanyandeightofitsexecutivesandmanagerswereconvictedof125environmental,health,andsafetycrimes.ThecompanyhadviolatedtheCleanWaterActandCleanAirActandbeeninvolvedinlyingtogovernmentofficialsandconspiracytocoverupviolations.Whilecourtshaveimposedalmost20 million in criminal fines, and government regulatory agencies have imposed millions more in fines, only one McWane official has served any time in jail.
David Uhlmann, as section head of the Environmental Crime Section of the Department of Justice, guided the nationwide investigation of McWane violations in partnership with the Environmental Protection Agency and OSHA. Uhlmann concluded that the Environmental Crime Section had never seen such criminal violations in its 20 year history, citing the company’s “culture of lawlessness.”
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