- Posted by SafeAdmin
- On July 29, 2016
- 0 Comments
OSHA gives out several OSHA violations in accordance with the type of noncompliance they record. There are 7 different OSHA violations, each with their own fine amount.
They are as follows:
- De Minimus
- Failure to Abate
1. De Minimus
These are the least serious and usually require a simple action to be taken in order to be compliant. A citation or simply a notice may be issued in this case. OSHA generally does not give out citations for this type of offense, however, their site cites 1903.14, “An appropriate citation or notice of de minimis violations shall be issued even though after being informed of an alleged violation by the Compliance Safety and Health Officer”. Don’t expect a citation, but OSHA has the right to issue it regardless.
Just as the name suggests, it’s not as serious as you would expect. These are the type of violation that would not cause death to an employee but are still dangerous and therefore come with with a fine. An “other-than-serious” citation comes with a max penalty of $1,000. The agency may adjust a penalty for an other-than-serious violation downward by as much as 95 percent, depending on the employer’s good faith (demonstrated efforts to comply with the Act), history of previous violations, and size of business
3. Serious Violations
This is where it gets… serious. A serious violation is one that could cause serious injury or even death to employees and therefore, a citation in the range of $1,500 to $7,000 is expected. This, of course, depends on the gravity of the violation. This citation can also be reduced if “good-faith” is shown or if preventative measures, such as training or safety consulting, were taken.
4. Willful Violation
These are the, “you knew you were noncompliant, but yet refused to make changes” violations. These are violations that were intentional and therefore carry a very heavy citation amount ranging from $5,00o to as much as $250,000. In very unfortunate cases in which an employer was killed, this becomes a criminal offense and carries a fine of $250,000 – $500,000. This type of violation can be because of an employer, knowingly, not supplying employees with the appropriate safety equipment such as fall protection.
Sometimes receiving a large fine is not enough to convince employers that action must be implemented in order to be compliant, therefore a “repeat violation” is given. This type of violation is given to employers who were previously cited, yet when once more inspected by OSHA, showed they had the exact same or similar offense taking place. A repeated violation can cost you as much as $70,000. OSHA multiplies the initial offense by a factor of 2, 5, or 10 depending on the size of the business.
This is similar to a “repeat” violation. Once OSHA gives you an abatement date, the date your violation must be corrected by, but yet you continue to violate OSHA’s standards, you may receive a “failure-to-abate” violation. This type of violation brings a $7,000/day fine amount from the abatement date.
OSHA violations are measures taken to help prevent a violation from happening again. Safe-Way consulting provides you with preventive measures to help you avoid OSHA citations altogether. Now that you are aware of the cost of an OSHA citation, feel free to contact us to see how we can help you avoid OSHA citations. Whether your’re looking for an online solution or simply to receive a Safety Consultation, you can be sure that we will gladly meet all your safety needs.