Looking for language.

[LLSolutions]

I've heard it a hundred times it has probably come out of my mouth a few dozen, but does anyone know if and where it is stated that it is a "federal felony" to remove someone else's loto without consent? Is it just buried in osha language?

 

[Pierre C Belarge]

If breaking an OSHA requirement is a federal felony, than it is a federal felony. I do not believe it is a felony of any type though.

 

[zog]

I've heard it a hundred times it has probably come out of my mouth a few dozen, but does anyone know if and where it is stated that it is a "federal felony" to remove someone else's loto without consent? Is it just buried in osha language?

Not a felony, yuo wont do jail time for doing it, but it is violating the OSHA standard and most likely your employers safety policy and is a good enough reason to get you fired

 

[LarryFine]

Not a felony, yuo wont do jail time for doing it, but it is violating the OSHA standard and most likely your employers safety policy and is a good enough reason to get you fired

Not to mention sued for damages to the victim (or their family.)

 

[Billy_Bob]

Apparently not for the OSHA law, however, if this happens in a mine or you wreck the environment, you could be in BIG trouble!

From the link below...

"...Under the Occupational Safety and Health Act, criminal penalties are limited to those cases where a willful violation of an OSHA standard results in the death of a worker, and to cases of false statements or misrepresentations. The maximum period of incarceration upon conviction is six months in jail, making these crimes a misdemeanor..."

"...since 1977 the Mine Safety and Health Act has provided for criminal penalties for willful violations of safety and health standards and knowing violations for failure to comply with orders or final decisions issued under the law, and the Mine Act makes these violations a felony. Unlike the OSHAct, these criminal penalties are not limited to cases involving a worker?s death..."

"...The Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act all provide for criminal prosecution for knowing violations of the law, and for knowing endangerment that places a person in imminent danger of death or serious bodily harm, with penalties of up to 15 years in jail. Again, there is no prerequisite for a death or serious injury to occur..."

Full story...
Above from 3/4 way down on following link, see...
"OSHA Criminal Penalties Are Weak and Provide Almost No Deterrence"
http://www.aflcio.org/mediacenter/prsptm/tm04292008.cfm

 

[G0049]

OSHA's sole recourse is go after the employer. If you are an employee, OSHA cannot do anything to you unless they can get a conviction for lying to an inspector. Even that is only a misdemeanor. Criminal penalties are limited to an employer who wilfully violates the act and in so doing, fatally injures an employee. Bear in mind that OSHA only operates in about half the states. The rest of the states run their own programs which have to be "at least as effective as" OSHA. They can, and some are, more stringent than OSHA.

 

[LLSolutions]

Thanks Gentlemen, is it a law anywhere else outside of osha?

 

[sii]

For all of my company's lack of concern for safety, removing a LOTO lock is a guaranteed firing.

 

[topgone]

Thanks Gentlemen, is it a law anywhere else outside of osha?

The thing the relatives of the victim has to prove in order for a criminal case to prosper in any court is "malice"

Cal. Pen. Code ? 188.:
Malice - is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied.
Malice is express when there is manifested a deliberate intention unlawfully to take away the life of a human being.
Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.

Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case.

 

[mdshunk]

Removing my LOTO might get me a felony from trying to kill you for it.

 

[Billy_Bob]

Thanks Gentlemen, is it a law anywhere else outside of osha?

I believe the article/testimony above mentioned that some states administer OSHA themselves as opposed to the Federal Government.

I don't know if these states could also modify the laws or not?

Then there are state laws, county laws, city laws, some metro areas "regional laws", and then "administrative rules" for any of these.

I suppose any of these fiefdoms could enact any law they wanted?

If you can search these various laws for your area online, search for...

lockout
"lock out"
tagout
"tag out"

As to searching, you need to be able to search the entire code at one time, not just one section of a code. So if they have pdf files - one saying entire code, then others listing specific sections, use the entire code pdf. Others have a search where you can select what you want to search.

So far as searching for a phrase, in some cases you can search for a phrase using quotes like:
"tag out". In other cases you would need to enter the words into an advanced search box labeled Exact Phrase or Exact Wording.

Then another trick is to use google.com advanced search and you can list a specific web site to search. Then it will only search within that website. To use this go to google.com and click on Advanced Search on the right of the search box.

 

[LLSolutions]

The thing the relatives of the victim has to prove in order for a criminal case to prosper in any court is "malice"

Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case.

Keep in mind I am not a lawyer or anything close, but couldn't you claim that anyone that has taken Osha 10 for example is aware of the danger and therefore the intent has to be malice by default? Weird example but say a worker on the street is hit by someone who went around a barrier because they were impatient and inadvertently killed him, second degree murder right?

As was said before if I wasn't killed I'd be in jail if someone removed my loto or one of my men's.