During the past 2 decades, a growing number of manslaughter and even murder
charges have been brought against employers in cases involving the death o
f workers on the job. In this commentary, the author reviews some of these
recent cases and looks at other periods in American history when workers' d
eaths were considered a form of homicide.
He examines the social forces that shape how we define a worker's death: as
an accidental, chance occurrence for which no individual is responsible, o
r as a predictable result of gross indifference to human life for which man
agement bears criminal responsibility, He asks whether there is a parallel
between the conditions of 19th-century laissez-faire capitalism that led to
popular movements promoting workplace safety and the move in recent decade
s toward deregulation and fewer restraints on industry that has led state a
nd local prosecutors to criminalize some workplace accidents.
Despite an increased federal presence, the activities of state and local di
strict attorneys perhaps signal a redefinition of the popular understanding
of employers' responsibility in maintaining a safe workplace.