Workforce Management

OSHA Violations and Fines

Ella Baker
OSHA
Reading time 4 Mins
Published on May 25
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Focusing on safety and injury prevention can save you money

The potential for violations and fines from the Occupational Safety and Health Administration (OSHA) is a complicated prospect for any business owner. From federal and state government standards, rules and interpretations to worker training and investment in protective equipment, staying compliant and avoiding fines can seem overwhelming. No business owner wants to see their workers injured on the job or exposed to potentially hazardous substances. Familiarizing yourself with the types of violations, associated fines, and the most commonly cited standards is a first step to understanding how you can avoid fines and keep your employees safer.

Classification of violations

OSHA’s mission is to prevent work-related injuries, illnesses, and deaths, resulting in a 62% decline in occupational deaths and a 42 percent drop in workplace injuries since its creation. In addition to setting workplace safety standards, OSHA also makes sure that these are followed by conducting enforcement activities, including onsite inspections.

OSHA defines each violation type depending on the severity and threat of injury resulting from the violation: willful, serious, other-than-serious, repeated, failure to abate prior violations, and other miscellaneous violations.

Violation types and potential penalties

A willful violation is a violation in which the employer either knowingly ceased to comply with a legal requirement or acted with a simple lack of concern to employee safety. At a minimum, willful violation carries a penalty of $5,000, and a maximum penalty of up to $70,000 per violation.

A serious OSHA violation results in workplace dangers that could cause an accident or illness that would most likely result in death or in serious physical harm unless the employer did not know or could not have known of the violation. A mandatory penalty of up to $7,000 may apply to any serious violation.

Other-than-serious violations have a direct correlation to job safety and health but are not as serious in nature as other violations. A penalty of up to $7,000 per violation may be possible.

Repeated violations occur when an employer is cited for a violation that is the same or very similar to a previous infraction that has been committed by the company. Repeated violations carry a penalty of up to $70,000 per violation.

Failing to pay penalties for a prior OSHA violation by the set abatement date can result in a failure to abate prior violation. These violations can carry fines of up to $7,000 per day beyond the abatement date.

Other violations include:

  • Faking records, reports, or applications can result in penalties of $10,000 or up to six months in jail, or both.
  • Violations of posting requirements that can result in a civil penalty of up to $7,000/
  • Harming a compliance officer during the line of duty can incur a fine of up to $5,000 or up to three years imprisonment.

Frequently cited standards

Each year OSHA issues a list of the 10 most frequently cited standards for the previous fiscal year. This list provides employers with valuable information to help them avoid potential violations and to ensure employee safety. Additionally, the number of citations and average fine amounts help employers understand the importance of OSHA compliance.

  1. Fall Protection, Construction Industry
    Number of violations: 6,072
    Total fines: $24 million
    Average penalty: $3,286
  2. Hazard Communication Standard, General Industry
    Number of violations: 4,176
    Total fines: $3.4 million
    Average penalty: $590
  3. Respiratory Protection, General Industry
    Number of violations: 3,097
    Total fines: $2.7 million
    Average penalty: $745
  4. Control of Hazardous Energy (Lockout/Tagout), General Industry
    Number of violations: 2,877
    Total fines: $9.5 million
    Average penalty: $2,851
  5. Machinery and Machine Guarding, General Requirements
    Number of violations: 1,933
    Total fines: $9.8 million
    Average penalty: $3,757

Sheakley can help you avoid violations and fines

Statistics published by the Department of Labor report that there are around 93 million workers in more than 6 million workplaces in America. During a typical year in the United States, more than 4,500 workers are killed on the job, and approximately 3 million are injured, and many others die from work related illnesses. Aside from all the human suffering, workplace injuries cost the U. S. economy billions of dollars each year.

Sheakley provides regular updates on OSHA requirements and policy changes. Additionally, our safety team can help evaluate your safety policies and procedures to ensure the health and safety of your employees and business.

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