[worren]

If damage is done...you can be held criminally responsible

I was very careful to condition my statement. If something happens, then there is a probability of penalty. The current system conditions operators to gamble. The perceived risk of something bad happening is low. So, it doesn't matter what, if any, penalty may be associated with shirking responsibility. Without the risk of damage dramatically increasing or criminalizing the cause rather than the result, the behavior will not change.