The Hot Zone Thermometer Company manufactured outdoor thermometers in a small factory in the Bronx. The company employed illegal aliens of various backgrounds to do the assembly work. This work, among other things, involved injecting liquid mercury into the glass tubes, sealing the tubes, and affixing them to the wooden frames of the twelveinch devices. Inevitably, workers came into contact with the mercury. The owners of the company knew how dangerous mercury is, but declined to provide protective equipment, such as rubber gloves and masks, or even to warn the workers. On a tip, OSHA and ICE raided the factory. ICE arrested the illegal workers. OSHA cited the company for serious violations. The story was front-page news in the tabloid New York Post. The New York district attorney has decided it would really help her reelection campaign, if she prosecuted the owners of Hot Zone under the city’s criminal code.

Do you think that the DA should be allowed to prosecute the owners criminally, or should health and safety enforcement such as this be limited to the citations and fines permitted under the Occupational Safety and Health Act? If you believe that criminal prosecutions should be permitted under some circumstances, where would you draw that line?