- Prominently display the official OSHA Job Safety and Health – The law poster describing rights and responsibilities under the OSH Act. This poster is free and can be downloaded from www.osha.gov.
- Inform workers about chemical hazards through training, labels, alarms, color-coded systems, chemical information sheets, and other methods.
- Provide safety training to workers in a language and vocabulary they can understand.
- Keep accurate records of work-related injuries and illnesses.
- Perform tests in the workplace, such as air sampling, required by some OSHA standards.
Understanding OSHA Violations and Penalties
Despite these clear instructions, some employers fail to meet these requirements. That can lead to a violation of safety protocols. Once this happens OSHA is allowed to issue citations or fines. Six types of violations can be given.
Serious
This is when a company is aware of a dangerous situation at a business that could very well result in the injury or death of an employee and the company does not fix it. This type of fine can result in a $14,502 fee for each serious violation. The minimum penalty is $1,036. Included in this are gravity-based OSHA penalties:
- High-gravity (serious) violation penalties are $14,502
- Moderate-gravity (semi-serious) violation fines range from $8,287 – $12,431
- A low-gravity (less severe) violation fine is $6,215 for each incurred penalty
Other-than-serious
This represents violations that can threaten the health or safety of an employee but do not result in injury or death. This fine can also result in a fine of $14,502. The minimum penalty can be $0 per violation. However, OSHA has the option to reduce the fine amount by up to 95%.
Willful or Repeated
If a violation is repeated within three years, a company can face higher fines of up to $145,027. This is called a willful or repeated violation. It’s defined as a violation when an employer is aware of the risk but takes no action to remedy the situation. The minimum penalty is $10,360 per violation, while the maximum penalty is $145,027 per violation.
Posting Requirements
Employers have to post their citation or violation notice once it’s received. It has to be posted near the area where the incident occurred. OSHA requires the post to be easily visible to employees. The notice has to stay up until the issue is resolved or for three days, whoever comes first. The minimum penalty is $0 per violation, while the maximum penalty is $14,502.
Failure to Abate
When a business receives a violation notice it will contain a date on which the issue has to be resolved. If not, the business is subject to the maximum penalty per day. There is no minimum penalty for this violation. The maximum penalty is $14,502 per day past the abatement date.
De Minimis Violation
This could be a verbal warning or a mark on your company’s record in OSHA’s safety file. It doesn’t always come with a penalty. This type of violation doesn’t technically have an impact on health or safety. It is the least serious violation that can be issued.
Most Cited Violations of 2022
According to OSHA, these are the top cited workplace safety violations:
- Fall Protection – General Requirements (1926.501): 5,260 violations
- Hazard Communication (1910.1200): 2,424
- Respiratory Protection (1910.134): 2,185
- Ladders (1926.1053): 2,143
- Scaffolding (1926.451): 2,058
- Lockout/Tagout (1910.147): 1,977
- Powered Industrial Trucks (1910.178): 1,749
- Fall Protection – Training Requirements (1926.503): 1,556
- Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102): 1,401
- Machine Guarding (1910.212): 1,370
Helping You Avoid Fines and Penalties
Help mitigate any dangerous risks with your company by utilizing our risk management services. Our program will help you understand each risk and provide specific solutions to lessen the chances of accidents or incidents.
Part of our risk minimization program includes compliance resources. We’ll help you make sure your business is in full compliance with OSHA standards of operation. Other services include providing resources for insurance and employee communication.
Biscayne Risk & Insurance Group is here to help your business manage insurance costs and reduce risks. Please contact us to learn more!