Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 8

Sabine Consolidated, Inc., and its president, Joseph Tantillo, were charged with criminally negligent homicide under Texas law for the deaths of two workers killed when the walls of the excavating trench in which they were working collapsed. The walls were not properly supported or sloped as required by the Occupational Safety and Health Administration (OSHA) regulations-a federal law. Texas allows prosecution under state criminal law for deaths and injuries from unsafe working conditions under OSHA. Can an individual be prosecuted under state criminal law when federal regulations cover the same behavior and the federal penalties are much less?