What are the results of an inspection?
After the compliance officer reports findings, the Area Director determines whether he or she will issue citations and/or propose penalties.
Citations
Inform the employer and employees of the regulations and standards alleged to have been violated; and the proposed length of time set to correct alleged hazards.
The employer
- will receive citations and notices of penalties by certified mail;
- must post a copy of each citation at or near the place a violation occurred for 3 days or until the violation is abated, whichever is longer; and
- must comply with these posting requirements even if it contests the citation.
Penalties
These are types of violations that may be cited and the penalties that may be proposed.
- De Minimis Violations
- have no direct or immediate relationship to safety or health and may not result in citations and/or penalties; and
- usually zero or minor monetary penalty.
- Other-Than-Serious Violations
- has a direct relationship to job safety and health, but probably would not cause death or serious physical harm; and
- penalty – OSHA may assess a penalty of $0 to $1,000 for each violation.
- Serious Violations
- substantial probability that death or serious physical harm could result; and
- penalty – up to $7,000 depending on gravity of the violation.
- Willful Violations
- The employer intentionally or knowingly commits; and is aware that a hazardous condition exists and knows that the condition violates a standard or other obligation of the Act, and makes no reasonable effort to eliminate it.
- penalty – $5,000 to $70,000 for each willful violation.
- Repeat Violations
- violation of any standard, regulation, rule or order where, upon reinspection, a substantially similar violation is found and the original citation has become a final order; and
- penalty – up to $70,000 for each such violation within the previous 5 years.
- Falsifying records, reports, or applications
- criminal fine of $10,000 and/or up to 6 months in jail.
- violating posting requirements
- civil penalty of $7,000.
- Assaulting, resisting, opposing, intimidating, or interfering
with a compliance officer in the performance of his or her duties
is a criminal offense
- fine of up to $5,000 and imprisonment for up to 3 years.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.