Workers can be culpable for negligence, intended or not
Published 02/25/05

While most of us understand that a worker may be held responsible in a civil action for his own negligence at work which causes injury to others or for his knowingly criminal conduct at work, under certain criminal statutes workers may also be held individually criminally liable for their own negligent conduct even if conducted within the scope of their employment.

Traditionally for a crime to be committed, the alleged perpetrator would require a "mens rea", meaning guilty or wrongful purpose. However, certain actions may result in criminal culpability even though the actions were done negligently rather than with a criminal intent. This is known in the law as strict criminal liability. In the case of USA v. Hanousek , the U.S. 9 th Circuit Court of Appeals upheld as proper the Federal District Court's instruction to the jury in the criminal case that Mr. Hanousek could be found criminally liable for negligently discharging a harmful quantity of oil into navigable waters of the United States under the Clean Water Act. After a 20-day trial, the jury convicted Mr. Hanousek of that crime.

The criminal charge was a result of an estimate of 1,000 to 5,000 gallons of heating oil being discharged into the Skagway River in Alaska when a backhoe struck an unprotected pipeline. Other sections of the pipeline had been protected during the project, yet when Mr. Hanousek took over responsibility of the project for his employer, Pacific & Arctic Railway and Navigation Company, he ceased the prior practice of protecting the pipeline, thereby permitting the discharge when the accident occurred.

The Appellate Court agreed with the trial court that for criminal culpability there does not need to be a heightened negligence standard and agreed with the following jury instruction:

"In order for the defendant Ed Hanousek to be found guilty of negligent discharge of oil, the government must prove the following elements beyond reasonable doubt:

   1. The particular defendant caused the discharge of oil;

   2. The discharge of oil was into a navigable waterway of the United States;

   3. The amount of oil was of a quantity that maybe harmful; and

   4. The discharge was caused by the negligence of the particular defendant."

As a result of the criminal conviction, Mr. Hanousek was sentenced to six months in prison, six months in a halfway house, and six months of supervised release. Mr. Hanousek was given a sentence greater than the minimum because he was a supervisor, a factor which under Federal Sentencing Guidelines can be taken into account and was by the sentencing judge.

A very clear lesson from this case is that a worker does not always have to have a guilty or wrongful purpose to be found culpable under certain criminal statute for actions, or inactions, at work. While a company's insurance may sometimes help insulate its workers from the pecuniary ramifications of their negligence, the criminal penalties of fines are usually excluded from insurance coverage and such insurance cannot protect from a jail sentence.

Workers, particularly supervisors, should understand what environmental and other hazards are possible at work and take steps to minimize those hazards for the best interests of everyone.

J. Daniel Marr is a director and shareholder at Hamblett & Kerrigan, P.A. His legal practice includes counseling businesses and business persons on a variety of legal issues, including employment, and advocating on their behalf. You can reach Attorney Marr by e-mail at: dmarr@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.