Types of OSHA Violations
The Occupational Safety and Health Administration (OSHA) was created within the Department of Labor to provide guidelines for safe and healthy work conditions throughout the United States. In order to promote compliance, OSHA sends inspectors to random businesses to make sure that particular business is operating within OSHA standards. There are seven main types of violations. Citations and penalties may be different in states that operate their own OSHA programs.
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"Other than Serious" Violations
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According to OSHA, an "other than serious" violation is described as a situation that relates to job safety and health that would not cause death or serious physical harm. According to safe-workplace.com, an example of this type of violation is when an employer fails to list work-related injuries and illnesses in an OSHA Form 300 log. The employer may document injuries and illnesses incorrectly or fail to document them at all. Another example would be a failure to conduct timely equipment inspections. As of 2010, fines for this type of violation can range from $350 to $7,000 per violation. The amount that is fined is determined by history of previous violations, the size of the business and whether the employer has taken steps to comply with OSHA.
Serious Violations
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According to OSHA, a "serious" violation is when there is a situation that relates to job safety and health that has a high probability of causing death or serious physical harm, that the employer knew or should have known about. According to safe-workplace.com, an example of this type of violation is when an employer fails to provide protection against falls for surfaces above 6 feet from the ground. Other examples include slipping and tripping hazards, failure to provide adequate fire and equipment training, electrical hazards, noise hazards and exposure to hazardous chemicals. The fine for this type of violation is a mandatory $7,000. The penalty may be reduced based on the size of the business, the employer's good faith, history of violations and the severity of the situation.
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Willful Violations
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According to OSHA, a "willful" violation is issued when an employer knowingly does not abide by OSHA standards and makes no efforts to rectify the situation. Fines of up to $70,000 may be issued, and there is a minimum $5,000 fine. Fines may be reduced (but to no lower than $5,000) depending on the size of the business and history of previous violations. If the result of the willful violation resulted in death, the court may add fines of up to $250,000 to $500,000 and issue prison sentences of up to 6 months.
Repeated Violations
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According to OSHA, a "repeated" violation is when employers are repeatedly cited for the same OSHA violation. An employer is labeled a repeat offender after the original violation is final and the employer is fined for the same violation more than once. This type of violation is for employers who do not fix previous violations. A fine of up to $70,000 is imposed for this violation.
Failure to Abate Prior Violation
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According to OSHA, a "failure to abate prior violation" is issued when an employer fails to correct a prior violation. The employer will be fined $7,000 each day the violation continues past the abatement date.
De Minimis Violation
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According to OSHA, a "de minimis" violation is issued when there is a situation that has no relationship to safety or health. When there is a "de minimis" situation, it is documented in the same way as a normal violation, but not included on the citation. According to OSHA, an example of this type of violation is an employer failing to post a citation within 3 days of receiving it.
Additional Violations
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According to OSHA, there are a few additional violations as well. Falsifying records, noncompliance with posting requirements and assaulting, resisting, opposing, intimidating or interfering with a compliance officer are all additional violations subject to up to $5,000 and imprisonment for up to 3 years.
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References
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