OSHA Citations Are Like Throwing Money Away – 04/04/2022
Safety E-QuickTips
U.S. Compliance Systems, Inc.
Monday Apr 4, 2022
Remember the good old days when OSHA set their fees for citations and then forgot to raise them for years?
Well, those day are over and this year, with the federal cost of living adjustment at 5.9%, penalties are rising faster that interest rates.
What does 5.9% mean when it comes to OSHA citation penalties? Here’s the 2022 Penalty Table right out of OSHA.
Type of ViolationPenalty MinimumPenalty Maximum
Serious$1,036 per violation $14,502 per violation
Other-Than-Serious$0 per violation $14,502 per violation
Willful or Repeated$10,360* per violation$145,027 per violation
Posting Requirements$0 per violation $14,502 per violation
Failure to AbateN/A $14,502 per day unabated beyond the abatement date [generally limited to 30 days maximum]
* For a repeated other-than-serious violation that otherwise would have no initial penalty, a GBP penalty of $414 shall be proposed for the first repeated violation, $1,036 for the second repeated violation, and $2,072 for a third repetition.
For those of you who may not remember, back in 2015 the maximum amount for a Serious OSHA violation was $7000.Now it’s more than double.
Now that you know what the current OSHA citation penalty rate is, let’s talk about what you can do to minimize the cost if you are visited and receive citations from OSHA.
- 1.When you receive OSHA citations, remember you only have 15 federal workdays to either request an informal conference and enter into a reduced written informal settlement agreement with OSHA, or file a formal Notice of Contest. If you go past the 15 days, you will owe the full penalty and it is almost impossible to get a reduction in the penalty amount. (DO NOT do anything verbally; it MUST be in writing.)
- 2.You can always negotiate reduced penalties even if you believe you are guilty of the violations, sometimes up to 50% or more.(This does not require an attorney.)
- 3.If you believe a violation is incorrect based on OSHA regulations, you should provide any facts that justify OSHA deleting the violation during an informal conference or after you contest the violations.
- 4.During any penalty reduction negotiations, you can also offer to do things like update your safety program, provide employees additional safety training, or perform documented jobsite safety inspections to get penalties reduced.
- 5.This last one will not actually reduce penalties, but it may make it easier on your cash flow.After you have negotiated penalty reductions, ask for a payment program.OSHA will normally provide payments and they will be interest free. If you get a payment program setup, you should understand that OSHA WILL NOT provide you any notices or reminders to make your payments.It is up to you to make timely payments. Also, if you see that you may not be able to make a payment on time YOU MUST contact OSHA and make additional arrangements IN WRITING. There might be language in your agreement that says penalties will go back to their full amount if you default.
Next week I’ll talk a little about what you can do to prevent costly OSHA citations before and after OSHA arrives at your site.
Employee QuickTip
Remember, OSHA was put in place to protect you, the employee. But if your employer is trying their best to provide you a safe workplace, do your part to help ensure OSHA doesn’t have a reason to issue citations at your jobsite.
Employer/Management QuickTip
OSHA citations can be costly, and OSHA says you are responsible for providing employees a workplace free of recognizable hazards.Do your part each day to protect employees from hazards in the workplace.
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Thanks for Reading and Please – Stay Healthy and Work Safe.
