Willful violation

In the North American legal system and in US Occupational Safety and Health Administration regulations, willful violation or willful non-compliance is a violation of workplace rules and policies that occurs either deliberately or as a result of neglect.

Definition

Willful violation is defined as an "act done voluntarily with either an intentional disregard of, or plain indifference to," the requirements of Acts, regulations, statutes or relevant workplace policies.[1][2][3] This is described with slightly different emphasis in an OSHA technical manual that a "willful violation exists under the Act where the evidence shows either an intentional violation of the Act or plain indifference to its requirements."[4]

Criminal recklessness is similarly described in Black's Law Dictionary as "Conduct whereby the actor does not desire harmful consequence but...foresees the possibility and consciously takes the risk," or alternatively as "a state of mind in which a person does not care about the consequences of his or her actions."[5]

See also

References
  1. Report No. 2005-04-I-TX U.S. Chemical Safety and Hazard Investigation Board Investigation Report, 2005 Refinery Explosion and Fire, BP Texas City, Texas, March 23, (15 Killed, 180 Injured), March 2007, Page 20
  2. Conie Construction, Inc. v. Reich, 73 F.3d 382, 384 (D.C. Cir. 1995)
  3. Ensign-Bickford Co. v. OSHRC, 717 F.2d 1419, 1422 (D.C.Cir.1983)
  4. OSHA Field Inspection Reference Manual, CPL 2.103 Section 7 - Chapter III. Inspection Documentation
  5. Black's Law dictionary 1053 (Bryan A. Garner ed., 8th ed. abr. 2005)
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