When most people think of the California Division of Occupational Safety and Health (Cal/OSHA), they undoubtedly envision investigations into serious work injuries that can result in the levying of both violations and relatively minor civil fines. However, it's important to remember that Cal/OSHA can also hand down criminal charges for willful or intentional violations of workplace safety, resulting in extremely large fines and even imprisonment.

In fact, Cal/OSHA is now bringing criminal charges against a UCLA chemistry professor and the University of California (UC) Board of Regents for perceived labor code violations in conjunction with a horrific 2008 lab accident in which a research assistant suffered fatal burns.

In December 2008, 23-year-old Sheri S. was working in a lab on the UCLA campus, transferring chemicals from one container to another via a plastic syringe. However, the syringe fell apart and the chemical which she was transferring -- t-butyl lithium -- ignited upon being exposed to the air.

Sheri S.'s synthetic sweater caught fire and she suffered severe burns. Tragically, she died of her injuries only 18 days later.

In the aftermath of the lab accident, both Dr. Patrick H., the UCLA chemistry professor who hired Sheri S. as a research assistant and the Board of Regents maintained that she had been provided with the proper training, had experience conducting experiments and chose not to wear protective safety equipment.

"It was not as if UCLA found a newbie who didn't know what she was doing and put her in a lab with no regard to the consequences; there is just no evidence to support that," said Kevin Reed, UCLA's vice chancellor for legal affairs. "We didn't just pluck her off the streets and put her in a chemistry lab. She was a trained chemist."

The Cal/OSHA criminal investigation report, however, alleges that Sheri S. -- who had only been on the job for three months when the accident occurred -- had never worked with the chemicals in question, did not receive the necessary training, and likely would not have died if she had been properly instructed.

"Dr. [H] simply disregarded the open and obvious dangers presented in this case and permitted Victim to work in a manner that knowingly caused her to be exposed to a serious and foreseeable risk of serious injury or death," reads the Cal/OSHA criminal report.

Both Dr. H. and the UC Board of Regents have each been charged with three counts of willfully violating occupational health and safety standards. If convicted Dr. H. faces up to 4 and a half years in prison, while the Board of Regents could be fined upwards of $4.5 million.

The arraignment is scheduled for February 2.

Stay tuned for further updates from our San Diego workers' compensation blog ...

You should strongly consider seeking the necessary medical treatment if you have suffered any type of work injury - regardless of your employment setting.

This post was for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

The Los Angeles Times, "Report faults professor, UCLA in death of lab assistant" Jan. 21, 2012