OSHA
Citations and Penalties
Citations inform the employer and employees of the regulations
and standards alleged to have been violated and of the
proposed length of time set for their abatement. The
employer will receive citations and notices of proposed
penalties by certified mail. The employer must post
a copy of each citation at or near the place a violation
occurred, for three days or until the violation is abated,
whichever is longer.
Penalties
These are the types of violations that may be cited
and the penalties that may be proposed:
Other than
Serious Violation - A violation that has a
direct relationship to job safety and health, but probably
would not cause death or serious physical harm. A proposed
penalty of up to $7,000.00 for each violation is discretionary.
A penalty for any other-other-than-serious violation
may be adjusted downward by as much as 95 percent, depending
on the employer’s good faith (demonstrated efforts
to comply with the Act), history of pervious violations,
and size of business. When the adjusted penalty amounts
to less than $50, no penalty is proposed.
Serious
Violations - A violation where there is substantial
probability that death or serious physical harm could
result and that the employer knew, or should have known,
of the hazard. A mandatory penalty of up to $7,000 for
each violation is proposed. A penalty for a serious
violation may be adjusted downward, based on the employer’s
good faith, history of previous violations, the gravity
of the alleged violation, and size of business.
Willful
Violation - A violation that the employer intentionally
and knowingly commits. The employer either knows that
what he or she is doing constitutes a violation, or
is aware that a hazardous condition existed and made
no reasonable effort to eliminate it.
Penalties of up
to $70,000 may be proposed for each willful violation,
with a minimum penalty of $5,000 for each violation.
A proposed penalty for a willful violation may be adjusted
downward, depending on the size of the business and
its history of previous violations. Usually, no credit
is given for good faith.
If
an employer is convicted of a willful violation of a
standard that has resulted in the death of an employee,
the offense is punishable by a court-imposed fine or
by imprisonment for up to six months, or both. A fine
of up to $250,000 for an individual, or $500,000 for
a corporation, may be imposed for a criminal conviction.
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