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United States v. Doig

950 F.2d 411 (1991)

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United States v. Doig

United States Court of Appeals for the Second Circuit
950 F.2d 411 (1991)

Facts

Patrick Doig (defendant) worked as a tunnel-project manager for the S. A. Healy Company (Healy) in Milwaukee. A tunnel explosion killed three Healy employees. Both Healy and Doig were charged for violating the Occupational Health and Safety Act of 1970 (OSHA) under a provision that imposes criminal liability for violations leading to the death of an employee. The government (plaintiff) argued that Doig aided and abetted Healy in violating OSHA regulations regarding electric-power shutoff during gas encounters and the use of explosion-proof equipment. Doig moved to dismiss the charges against him, arguing that as an employee, not an employer, he could not be held criminally liable under OSHA as either a principal or an aider and abettor. The district court granted the motion to dismiss, and the government appealed the order of dismissal.

Rule of Law

Issue

Holding and Reasoning (Bauer, C.J.)

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