OSHA may show up at any time, even while driving to a scheduled visit with a different company. If the OSHA Enforcement Agent visually observes any activity that is deemed hazardous, they may conduct a site visit inspection. For example, if the Agent observes any crane operations, they may stop and observe while taking pictures of the activities to see if site conditions and employee behaviors are compliant or not. If anything looks non-compliant, the agent can start an investigation immediately. Rarely does OSHA give advance notice of an
inspection, unless an employer reports any severe injury, amputation or fatality. Employees have the right to file a written and signed complaint to OSHA which will result in a formal inspection. If the complaint is anonymous, OSHA, depending on the severity, will likely investigate the complaint by contacting the employer about the reported hazard and the employer will have five days to respond. OSHA Citations OSHA may issue citations and financial penalties to the employer, depending on what violations are found during an inspection.
The OSHA General Duty Clause 5(a)(1) states that every employer must provide a workplace that is free of recognized hazards, so even if an Agent does not find a specific regulatory violation, they can still issue a citation under the General Duty Clause if a hazard is observed. If a violation(s) is found it will be categorized under one of the six types of safety violations
De Minimis Violation – The most minor, if the possibility of an injury is practically nonexistent. Usually does not lead to fines or citations.
Other-than-Serious Violation – May potentially put an employee’s health or safety at risk. The current fine value for this violation is $14,502.
Repeated Violations – When a business previously cited for a violation does not correct it or finds a similar violation. The current
minimum fine value for this violation is $145,027.
Failure to Abate Prior Violation – this occurs when a violation citation includes a date for the issue to be corrected and the business fails to correct the cited issue by the date required. If a business does not correct the situation, they may face the current fine of $14,502 per day beyond the abatement date. Serious Violation – this occurs when a business knows that a workplace hazard could cause an accident or illness, resulting in a severe injury or death and does nothing to amend the situation. The current fine for this violation is a minimum of $14,502 per occurrence of each serious violation; however, OSHA can adjust the amount based on the employer’s previous history, the gravity of the violation, the size of the business and the good faith of the
employer.
Willful Violation – The most severe violation, this occurs when a business intentionally disregards OSHA regulations or acts with extreme indifference to employee safety. The maximum fine for a Willful Violation is $145,027. However, this type of violation can turn into a criminal offense, with a minimum fine of $250,000 for the employer with a possibility of jail time if an employee is killed due to employer negligence. A business may need to pay a minimum fine of $500,000 for a Willful Violation.
10 Most Cited OSHA Violations in 2022 1.Fall protection 2.Hazard communication 3.Ladders 4.Respiratory protection 5.Scaffolding 6.Lockout/Tagout 7.Powered industrial trucks 8.Fall protection – training
requirements 9.Personal protective and lifesaving equipment – eye and face protection 10.Machine Guarding
