· 2/2/1989
People v. Chicago Magnet Wire Corp.
Citations
- 534 N.E.2d 962
- 126 Ill. 2d 356
- 21 Envtl. L. Rep. (Envtl. Law Inst.) 20429
- 128 Ill. Dec. 517
- 1989 CCH OSHD 28,421
- 1989 Ill. LEXIS 11
- 13 OSHC (BNA) 2001
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it is unreasonable to conclude Congress intended OSHA to provide the only criminal sanctions available so as to preclude other “appropriate criminal sanctions in cases of egregious conduct causing serious or fatal injuries to employees”
- OSH Act does not preclude enforcement of state criminal law as to conduct regulated by OSHA standard
- OSHA did not preempt state prosecution for manslaughter when worker died from carbon monoxide poisoning in company-owned van
- OSH Act does not preclude enforcement of state criminal law as to conduct regulated by OSHA standard
- “Congress expressly stated that OSHA was not intended to preempt two bases of liability that, like criminal law, operate to regulate workplace conduct and implicitly set safety standards — State worker’s compensation and tort law.”
- state criminal law which covered conduct regulated by OSHA does not preempt OSHA
Source: CourtListener parenthetical corpus (CC0).
Judges: Ward
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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