OSHA Compliance

Passed into law on December 29, 1970. Referred to the Williams- Steiger OSH Act. Law is “to assure health and safe work conditions for all men and women.” OSHA was created within the Department of Labor.

Horizontal standards – standards that apply to all industries and employers. Example: Fire Prevention and Protection standards

Vertical standards – standards that apply only to a particular industry and employers. Example: Construction industry

Each standard promulgated by OSHA cannot cover every specific detail. Therefore, OSHA implemented a “General Duty Clause” into the regulations.

Employer shall furnish “a place of employment which is free of recognized hazards that are causing or likely to cause death or serious physical harm to its employees.”

With no specific standard, OSHA will use the general duty clause for issuance of citations and fines.

Found in section 5 (a)(1) of the OSH Act of 1970.

Whenever an OSHA inspection occurs, the employer must:

• Be advised by the compliance officer of the reason for the inspection
• Require identification of the OSHA compliance officer
• Accompany the compliance officer on the inspection
• Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection

Under the OSHA Act, OSHA is authorized to conduct workplace inspections during normal operating hours. Inspections are based on the following priorities.

• Imminent danger situations
• Catastrophes and fatal accidents
• Employee complaints
• Programmed high-hazard inspections
• Follow-up inspections

Inspection process

• Compliance Officer (CO) will present credentials
• Hold an opening conference
• Purpose of visit, how particular facility was selected for inspections, scope of the inspection and the standards that will apply
• Compliance Officer conducts a walkthrough inspection of the facility. CO determines the route to take and employees to interview.
• Review records, collect air samples, measure noise readings, or photograph and videotape certain areas
• Hold a closing conference to provide copy of the Employer Rights and Responsibilities following an OSHA Inspection (OSHA 3000) for review and discussion
• Discuss with employer all unsafe or unhealthy conditions observed during the inspection and indicates the violations, recommend citation and proposed penalty. Inform employer of the appeal process

Compliance Officer files reports with the Area Director. Area Director will determine and issue citations and/or proposed penalties. Will send all citations via certified mail. Once employer receives the citation; they must post the citation for 3 days or until the violation has been abated, whichever is longer.

Other-Than-Serious (OTS): has a direct relationship to job, but probably would not cause death or serious physical harm. Penalty from $0 to $1,000 for each violation. May adjust penalty downward as much as 95%, depending on employer’s good faith, history or previous violation and size of business.

Serious: substantial probability that death or serious physical harm could result. Penalty from $1,500 to $7,000 depending on the gravity of the violation.

Willful: employer intentionally and knowingly commits. Aware the hazardous condition exists, knows the condition violates a standard or other obligation of the Act, and makes no reasonable effort to eliminate it. Propose penalties of up to $70,000 for each willful violation. Minimum willful penalty is $5,000. Employer who is convicted in a criminal proceeding of a standard that resulted in death may be fined up to $250,000 (or $500,000 if the employer is a corporation) or imprisoned up to 6 months, or both. A second conviction doubles the possible term or imprisonment.

Repeated: 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. Fine of up to $70,000 for each such violation within the previous 3 years. To calculate repeated violations, OSHA adjusts initial penalty for the size and multiplies by a factor of 2, 5 or 10, depending on size of business.

Failure to Abate: failure to correct a prior violation may bring a civil penalty of up to $7,000 for each day that violation continues beyond the prescribed abatement date.

Potential Other Penalties: falsifying records, reports, or applications can, upon conviction, bring a criminal fine of $10,000 or up to 6 months in jail, or both. Violating posting requirements may bring a civil penalty of $7,000. Assaulting a Compliance Officer or otherwise resisting, opposing, intimidating, or interfering with a compliance officer in the performance of their duties is a criminal offense and is subject to fines of not more than $5,000 and imprisonment for not more than 3 years.

Employee Appeal: May request an informal review of any decision not to issue a citation. Employees may not content citations, amendments, proposed penalties, or lack of penalties. May contest time allowed for abatement. May request informal conference with OSHA to discuss any issues raised by an inspection, citation, notice of proposed penalty, or employer’s notice of intention to contest.

Employer Appeal: Within 15 working days of receiving a citation, an employer who wishes to contest must submit a written objection to OSHA. The Area Director forwards the objection to the Occupational Safety and Health Review Commission (OSHRC). When issued a citation and notice of proposed penalty, an employer may request informal meetings with OSHA’s Area Director to discuss the case.

Employers must correct the cited hazard by the abatement date. Factors beyond the employer’s control, may prevent the completion of corrections by that date. Employers who made good-faith effort to comply may file a petition to modify the abatement date.

Written petition must specify the steps taken to achieve compliance; the additional time needed to comply. Must certify and post a copy of the petition in a conspicuous place at or near each place where a violation occurred, and that the employee representative received a copy of the petition.

Employers have 15 working days from the time of the citation and proposed penalties are received to notify the OSHA Area Director in writing.

Failure to do so results in the citation and proposed penalty becoming a final order of the OSHRC without further appeal.