With no explanation, chose the best option from "A", "B", "C" or "D". and safety standards.” United States v. Atlantic States Cast Iron Pipe Co., 627 F.Supp.2d 180, 273 (D.N.J.2009). This does not, however, end the discussion. As stated in the Guidelines, this enhancement may also be based on an abuse of private trust. U.S.S.G. § 3B1.3. Such an abuse may occur where a defendant employer or manager uses his or her position to exert leverage over employees, thereby enabling the defendant to either convince employees to commit violations or conceal from them the hazardous nature of the conduct. Turner, 102 F.3d at 1352, 1360 (defendants mine operators’ threat of termination to force miners to falsely certify that they were provided eight hours of health and safety training required by law was an abuse of private trust); Technic Servs., 314 F.3d at 1053 (<HOLDING>). Here, there was certainly sufficient evidence

A: recognizing private right of action
B: recognizing that defendants conduct in altering employees personal ammonitoring devices clearly place workers in jeopardy and arguably constituted a violation of defendants position of private trust
C: holding that where statutory remedies exist private employees do not have a private cause of action for violation of state constitutional rights
D: holding that section 1983 action requires a showing of defendants personal participation in alleged constitutional violation
B.