From: Dave Einolf <dave**At_Symbol_Here**ENDEAVOUREHS.COM>
Subject: Re: [DCHAS-L] Judge denies three Harran defense motions
Date: Tue, 27 Aug 2013 14:17:47 -0700
Reply-To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Message-ID: 013501cea36a$e1e53980$a5afac80$**At_Symbol_Here**endeavourehs.com
In-Reply-To


Russ:

Criminal violations of OSHA requirements is part of the federal statute.
Every state has criminal OSHA violations:

Title 29 U.S.C. 666(e) provides criminal penalties for any employer who
willfully violates a safety standard prescribed pursuant to the Occupational
Safety and Health Act, where that violation causes the death of any
employee. Four elements must be proved in order to establish a criminal
violation of 29 U.S.C. 666(e). The government must prove that: (1) the
defendant is an employer engaged in a business affecting commerce; (2) the
employer violated a "standard, rule or order" promulgated pursuant to 29
U.S.C. 665, or any regulation prescribed under the Act; (3) the violation
was willful, and (4) the violation caused the death of an employee.

Regards,

Dave

DAVE EINOLF
Managing Director
Endeavour EHS, LLC
4207 SE Woodstock Blvd, Suite 321
Portland OR 97206-6267
www.endeavourehs.com

971.678.8111 (w)
912.717.1533 (fax)
dave**At_Symbol_Here**endeavourehs.com


-----Original Message-----
From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf Of
Russell Vernon
Sent: Tuesday, August 27, 2013 7:41 AM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: Re: [DCHAS-L] Judge denies three Harran defense motions

Assuming this case ends up with a conviction that stands on appeal, I expect
a large brain drain out of California...
We have the ONLY state of which I am aware with a law that criminalizes
failure to follow occupational health & safety code...

-Russ

Russell Vernon, Ph.D.
Director
Environmental Health & Safety
University of California, Riverside
900 University Ave
Riverside, CA 92521
www.ehs.ucr.edu
russell.vernon**At_Symbol_Here**ucr.edu
Direct (951) 827-5119
Admin (951) 827-5528
Fax (951) 827-5122

Taking a trip overseas?
Access Location Intelligence: https://ermsp.ucop.edu/uctrip and enter your
UC Net ID


-----Original Message-----
From: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf Of
Ralph B. Stuart
Sent: Tuesday, August 27, 2013 4:27 AM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: [DCHAS-L] Judge denies three Harran defense motions

http://cenblog.org/the-safety-zone/

A Los Angeles County Superior Court judge today denied three defense motions
that could have dismissed a criminal case against University of California,
Los Angeles, chemistry professor Patrick Harran. With the rulings going
against the defense, the case moves closer to trial. The judge set the next
court date for Oct. 3. Harran could go to trial within 60 days of that date.

Harran faces four felony charges of violating the state labor code. The
charges stem from the death of research assistant Sheharbano (Sheri) Sangji
after a 2008 fire in Harran's lab. In November and December, 2012, Judge
Lisa B. Lench heard testimony in a preliminary hearing on the case. She
ruled in April that there was sufficient evidence to send the case to trial.
After the preliminary hearing, the case was sent to Judge George G. Lomeli
for trial.

Before today's hearing, Harran's attorneys submitted three motions: one
asking the judge for a so-called Franks hearing, another called a demurrer,
and a third to dismiss the charges based on lack of probable cause. The
district attorney's office replied to each motion, and the defense then
responded in writing to those replies.

More at the site above...

- Ralph

Ralph Stuart CIH
Chemical Hygiene Officer
Department of Environmental Health and Safety Cornell University

rstuart**At_Symbol_Here**cornell.edu

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