Oss, 
 
If a pattern of knowledge and suppression can be shown, especially if there is an economic tie in, e.g., safety manager gets a bonus for having low/no recordables to achieve a bonus, then the discussion can certainly begin about willful intent on the civil side.  Since I have never come near a criminal case, I'll leave that for the lawyers. 
 
The big question here is the forensic evidence.  There is a pretty big pattern out there of forcing folks through health ins. rather than W/C because that way EM's aren't effected, RTW is easier etc.  OSHA has a hard time getting to that evidence. Just getting a medical access order can take day's of an inspector's time, and then it may have to be revised etc.  That then takes away from the metrics they are required to hit incl. # of inspections. There is much less chance of getting a big case out of it the way one could expect from a trenching case or LOTO or confined space case, so the data isn't saught by officer on site. 
 
Once again, just my observations, personal and professional opinion only. 
 
Matt Stein   
 
Matthew A. Stein MS, CIH 
Stein Safety and Health Svcs.
3325 Fear St.
Eau Claire, WI 54701
(715) 379-5621
<a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a> or <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>  
 
> Date: Tue, 10 Aug 2010 07:12:50 -0700
> From: <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>
> Subject: Re: [SAFETY] OSHA fines for failure to record injuries
> To: <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>
> 
> seemed like the question had to do with Omission ... pretty tough to get 
> criminal on violations other than criminal because of the requirement to show 
> intent.
> 
> Oss
> 
> 
> 
> 
> ________________________________
> From: Matthew Stein <<a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>>
> To: <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>
> Sent: Tue, August 10, 2010 9:33:47 AM
> Subject: Re: [SAFETY] OSHA fines for failure to record injuries
> 
> OSHA can follow 2 tracks, one civil and one criminal.  The civil side would 
> result in monetary damages only, and OSHA would handle the case.  If it were a 
> criminal falsification issue, that is not handled by OSHA.  It is handled by DOJ 
> in federal enforcement states.  Yes, they can go willful on recordkeeping but it 
> has got to be "bloody" was the advice my supervisor gave me at the time that I 
> had a BIG recordkeeping case against a federal agency. 
> 
> 
> Section 17 (g) of the OSH Act states:
> 
> Whoever knowingly makes any false statement, representation, or certification in 
> any application, record, report, plan, or other document filed or required to be 
> maintained pursuant to this Act shall, upon conviction, be punished by a fine of 
> not more than $10,000, or by imprisonment for not more than six months, or by 
> both.
> 
> For a long time there was a feeling among managers in OSHA that an MSDS or a 300 
> log never caused an injury and therefore they didn't take those violations that 
> seriously, but from what I am hearing from inside the Agency that philosphy is 
> changing from the top down.  
> 
> 
> So it would appear that fines for 300 log violations can go up to 10K plus jail 
> time. 
> 
> 
> Just my personal and professional opinions, no one else's. 
> 
> Matt Stein
> 
> Matthew A. Stein MS, CIH 
> Stein Safety and Health Svcs.
> 3325 Fear St.
> Eau Claire, WI 54701
> (715) 379-5621
> <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a> or <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a> 
> > Date: Mon, 9 Aug 2010 20:44:53 -0700
> > From: <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>
> > Subject: Re: [SAFETY] OSHA fines for failure to record injuries
> > To: <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>
> > 
> > I'm not a lawyer and don't give legal advice, but you may be getting into an 
> >area that's far more serious than an OSHA citation.  Doing something that 
> >qualifies as falsifying the required records can be something that OSHA could 
> >seek to put a person in prison for. 
> >
> >  
> > Here's a link that discusses it a little bit: 
> >  
> > http://ehstoday.com/health/ehs_imp_36751/
> > 
> > 
> > --- On Mon, 8/9/10, Peter Rousmaniere <<a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>> wrote:
> > 
> > 
> > From: Peter Rousmaniere <<a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>>
> > Subject: [SAFETY] OSHA fines for failure to record injuries
> > To: <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>
> > Date: Monday, August 9, 2010, 8:30 PM
> > 
> > 
> > I am searching for the penalties which OSHA can impose on an employer for 
> >failure to record recordable injuries.  What are the penalties, and are their 
> >steeper ones for willful failure to record?
> > 
> > 
> > Peter Rousmaniere
> > 29 Church Hill Rd.
> > Woodstock VT 05091
> > 802-457-9149 voice 
> > 802-291-3843 cell
> > 800-381-3129 fax
> > <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a>
> > 
> > professional website:
> > www.peterrousmaniere.com
> > 
> > weblog:
> > www.workingimmigrants.com
> > 
> > 
> > 
> > 
> > 
> > 
> > 
> > 
> > ---
> > This e-mail is from the <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a> list.
> > Archives of list discussions can be found at 
> >http://list.uvm.edu/archives/safety.html
> > 
> > 
> > 
> > 
> > 
> > ---
> > This e-mail is from the <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a> list.
> > Archives of list discussions can be found at 
> >http://list.uvm.edu/archives/safety.html
>                                           
> ---
> This e-mail is from the <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a> list.
> Archives of list discussions can be found at 
> http://list.uvm.edu/archives/safety.html
> 
> 
> ---
> This e-mail is from the <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a> list.
> Archives of list discussions can be found at http://list.uvm.edu/archives/safety.html
                                          
---
This e-mail is from the <a href="/cgi-bin/wa?LOGON=A3%3Dind1008B%26L%3DSAFETY%26E%3Dquoted-printable%26P%3D108231%26B%3D--%26T%3Dtext%252Fplain%3B%2520charset%3Diso-8859-1" target="_parent" >[log in to unmask]</a> list.
Archives of list discussions can be found at http://list.uvm.edu/archives/safety.html