Willful violation
In the North American legal justice system and in US Occupational Safety and Health regulations, willful violation (also called 'willful non-compliance') is 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
- Willful blindness (also called 'willful ignorance' or 'contrived ignorance')
- Criminal negligence
- Recklessness (law)
- Health and safety law
- Negligence
- Carelessness (criminal)
- Omission (criminal law)
- Regulatory offences
- Culpability
- Plausible deniability
- Reckless endangerment
- Reasonable person
- Depraved heart murder
- Intention (criminal law)
- Duty of care
- Breach of duty in English law
- Calculus of negligence
- Good Samaritan law
- Rescue doctrine
- Duty to rescue
- Infraction
- Contravention
- Regulatory offences
- Mens rea (Guilty Mind)
- Actus reus (Guilty Act)
- Imputation (law)
- Automatism (law)
- Excuse (legal)
- Tort Law
- English tort law
- Treble damages
- Punitive damages
References
- ↑ 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
- ↑ Conie Construction, Inc. v. Reich, 73 F.3d 382, 384 (D.C. Cir. 1995)
- ↑ Ensign-Bickford Co. v. OSHRC, 717 F.2d 1419, 1422 (D.C.Cir.1983)
- ↑ OSHA Field Inspection Reference Manual, CPL 2.103 Section 7 - Chapter III. Inspection Documentation
- ↑ Black's Law dictionary 1053 (Bryan A. Garner ed., 8th ed. abr. 2005)
