More Problems, More money…

As of January 2024, OSHA released an update to the maximum penalty costs to adjust for the cost-of-living increases over the past few years.

Violations in serious, other than serious, and posting violations categories increased to $16,131 per violation. Failure to abate violations are $16,131 per day (generally limited to 30 days) beyond the abatement date. Willful or repeated violations are $161,323 for each violation. The higher gravity of the violation, the higher the cost of the fine will be.  

Types of OSHA Citations:

• Serious – Violation of situations in which a hazardous condition could lead to death or serious harm of an employee.
• Other Than Serious – Violation of situations in which a hazardous condition could lead to a direct and/immediate injury/illness but would not cause death or serious harm to the employee. This category also covers failures in recordkeeping, posting and electronic reporting.
• Failure to Abate – Violation in which previously cited hazards were not brought into compliance since the previous inspection.
• Willful – employer intentional disregards OSHA requirements or demonstrates indifference to health and safety of employees.
• Repeated – Violation of a previously cited hazard. These violations were corrected at one point in time but found again in a new inspection.  

It is important to note that in January of 2023, OSHA issued an expansion on their Instance-by-Instance (IBI) citations which outlines if an employer has multiple violations, those citation fees will be individualized instead of grouped together as they might have been in the past. To give an example, if a company has multiple work sites with the same hazards identified, OSHA will cite each site with the violation, not the company as a whole. This can lead to very hefty fees for a company. 

Should an employer receive citations due to hazardous work conditions, they do have the right to, in good faith, contest the citations. The employer has 15 working days to respond in writing. In these cases, the OSHRC (Review Commission), an independent agency, will assign an administrative law judge who will conduct a hearing in which the employer and employees can participate. The judge may then make changes to the citations and/or penalties.  

An employer may not be able to avoid an OSHA inspection, but there are things that can be done to ensure the process runs as smoothly as possible. Have a plan for event which outlines who should meet with the inspector, how to determine what the inspector needs to see and what information needs to be provided immediately. As always, OneGroup is available to help put a plan together and/or work on safety related programs to ensure employee health and safety is prioritized.

Learn More

To learn more reach out to Megan Coville and Paula DeStefano at MCoville@OneGroup.com and PDeStefano@OneGroup.com.

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

Written content in blog post: Copyright © 2023 Applied Systems, Inc. All rights reserved.

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