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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.