What are the OSHA Violation Types?
The Occupational Safety and Health Administration (OSHA) is responsible for ensuring safe and healthy working conditions for employees in the United States. OSHA sets and enforces standards for workplace safety and health, and conducts inspections to identify and address potential hazards. In the event of a violation, OSHA may issue a citation and fine to the employer. But what are the different types of OSHA violations?
Types of OSHA Violations
OSHA violations can be categorized into two main types: Serious and Non-Serious.
Serious Violations
Serious violations are those that can cause serious physical harm or even death. These violations are considered willful or intentional and can result in a penalty of up to $12,934 per violation.
• Willful violations: These are violations that are committed with intent to disregard or violate the standard.
• Repeat violations: These are violations that have been committed by the employer previously and were not corrected.
• Failure to abate: These are violations that have been cited previously and the employer has failed to correct them.
Non-Serious Violations
Non-Serious violations are those that are not likely to cause serious physical harm or death. These violations are considered technical or procedural and can result in a penalty of up to $12,934 per violation.
• Other-than-serious violations: These are violations that do not have a direct relationship to job safety and health.
• Technical violations: These are violations that are related to procedures or paperwork, rather than a hazard.
• Failure to maintain records: These are violations related to the employer’s failure to maintain accurate records.
General Duty Clause Violations
The General Duty Clause is a section of the OSH Act that requires employers to provide a safe and healthy workplace, free from recognized hazards. General Duty Clause violations are considered Serious violations and can result in a penalty of up to $12,934 per violation.
• Recognized hazards: These are hazards that are known or should be known to the employer.
• Unrecognized hazards: These are hazards that are not known to the employer, but should be.
Table: OSHA Violation Types
| Violation Type | Penalty | Description |
|---|---|---|
| Serious | Up to $12,934 | Can cause serious physical harm or death |
| Non-Serious | Up to $12,934 | Not likely to cause serious physical harm or death |
| General Duty Clause | Up to $12,934 | Failure to provide a safe and healthy workplace |
Consequences of OSHA Violations
OSHA violations can have serious consequences for employers, including:
• Fines: OSHA can impose fines of up to $12,934 per violation.
• Penalties: OSHA can impose penalties, including imprisonment, for willful violations.
• Public notification: OSHA may publicize the violation, including posting it on the OSHA website.
• Injunctions: OSHA may seek an injunction to require the employer to correct the violation.
• Reputation damage: OSHA violations can damage an employer’s reputation and lead to loss of customers and employees.
Conclusion
OSHA violations can have serious consequences for employers, including fines, penalties, and damage to reputation. It is essential for employers to understand the different types of OSHA violations and take steps to prevent them. By understanding the types of OSHA violations, employers can take proactive steps to ensure a safe and healthy workplace for their employees.
