All businesses and workplaces, including construction sites, are subject to periodic inspections by The Occupational Safety and Health Administration, more commonly known as OSHA. Violations of OSHA standards may come at a price as inspections can result in a citation for a violation of an OSHA standard and oftentimes, costly civil penalties which accompany certain types of citations.

A variety of events can trigger an OSHA inspector to visit your worksite including, employee complaints, referrals, targeted inspections, follow-up inspections, potential hazards at your work site that an inspector views while driving past your location, an anonymous tip of imminent danger or potentially hazardous worksite condition, or a severe injury or illness at the worksite reported to OSHA by an employer. The inspector may identify violations of OSHA codes or standards that range from minor to extremely hazardous. There are six specific categories of OSHA violations, each of which carries either a recommended or a mandatory penalty.

De Minimis Violation

A de minimis violation is a technical violation of OSHA standards that has no direct impact on employee health or safety. As it is the least serious class of violation, inspectors do not issue monetary penalties for these violations. Rather, inspectors verbally inform employers of de minimis violations and list them on the employer’s case inspection file. An example of a de minimis violation would include a ladder with 13 inches between rungs rather than 12 inches.

Other-than-Serious

An other-than serious violation of OSHA standards is categorized as such because it would not usually cause death or serious injury, but is nevertheless related to job safety or employee health. The maximum penalty for each such violation is $13,494. However, inspectors can choose not to levy a fine, or to reduce the penalty by as much as 95 percent based on factors such as the size of the business and the cooperativeness of the employer remedy the potentially hazardous condition in a timely manner. Failure to provide copies of safety regulations and failure to post required documentation in work areas are both considered other-than-serious OSHA violations.

Serious

When an employer knows of or should know of a situation that would most likely result in death or serious physical harm, but does not remedy it, OSHA inspectors will issue a serious violation. Inspectors must assess a fine for each serious violation, but the amount cannot exceed $13,494 per violation. Common examples of a serious violation include failure to implement safety systems to prevent falls or failure to ensure employees carrying heavy loads wear steel-toe boots.

Willful

The most severe violation category is willful violations, which is reserved for intentional violations of OSHA standards or situations that show clear disregard for employee health and safety. The mandatory minimum penalty for each willful violation is $9,639 and the maximum penalty is $134,937. If an employee fatality occurs, the violation becomes a criminal matter, which could result in additional fines, potential jail time, or both. An example of a willful violation might involve an accident which occurred after an employer failed to implement adequate safety procedures for equipment that had caused similar injuries in previous instances.

Failure to Abate

When an employer receives a violation citation, the citation includes a date by which the employer must remedy the situation. If the employer fails to correct or remedy the violative condition by that date, the employer may be liable for a fine of $13,494 per day until it remedies the condition. If, however, the violation was corrected, but later reoccurs, the subsequent occurrence is categorized as a repeated violation.

Repeated

If an employer is cited for a violation of a particular OSHA standard, and a subsequent inspection reveals another identical or substantially similar violation, OSHA inspectors may cite the employer for a repeated violation. The maximum fine for a repeated violation is $134,937.

In determining how to respond to an OSHA citation, it is always advisable to consult with legal counsel.  The attorneys in our Austin and Dallas offices are available to answer any questions you may have.

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