Types of OSHA Violations and Penalties

Posted on March 23, 2015 by

OSHA conducts various types of workplace inspections; and if it finds any violations in the workplace, it leads to severe penalties. OSHA has categorized the types of violations on the basis of the severity. There are various categories of OSHA violations – and each of them carry either a recommended or the mandatory penalty. These categories are listed below.

Serious violations
When the employer of the organization is aware of or should know about the hazardous situation that may cause serious injury or illness or death, but he/she doesn’t care about it or doesn’t make necessary corrections, then OSHA considers it as a serious violation. It leads to the penalty of nearly 7,000 dollars; and it also depends on the business’s previous history, size of the business, seriousness of the violation etc.

Willful violations
This is one of the most serious violations according to OSHA. Here, if the employer intentionally violates the OSHA rules and regulations; and neglect the employee’s safety and health, then he/she is subjected to minimum to maximum penalty based on the violation made.

Repeated violations
When the employer has a previous history of a particular violation, and during the inspection if the similar violation is found, then it is a repeated violation of the employer; and the employer is subjected to fine by the OSHA – and the maximum fine would be $70,000.

Failure to abate prior violations
In this case, when the employer is given a citation by the OSHA, it includes the date by which the employer should correct the condition or situation. If the employer fails compliance before the due date, then, he/she may be liable for the everyday fine, after the specified date and till the remedy is given to the situation.

De Minimis violations
It is the technical violation of the OSHA rules that don’t have the direct impact on the health and safety. So, it is the least serious type of violation as far as OSHA rules are concerned. For these types of violations, OSHA inspector doesn’t put heavy fines or issues; and the citation for the violation is just a verbal information about it. OSHA lists them on the employer’s case inspection file.

Additional or other than serious violations
Apart from the above violations, there are a few other non-serious violations such as, falsifying records, resisting, opposing, noncompliance with posting requirements and assaulting, etc., in which the employers are subjected to fine and imprisonment of the violations. Here, the penalties also depend on various other factors which compliance officer decides.

These are various types of OSHA violations and their associated penalties. So, make sure that you are aware of these and proceed accordingly.

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