A post-inspection citation can quickly become an ongoing source of unwanted fines and action items for any type of construction project. Whether a safety inspection is initiated because of a planned schedule, accident or complaint, the compliance responsibility rests squarely on the construction management.
Penalties can range from $12,934 for each serious violation, $12,934 for failure to abate and $129,336 for willful or repeated violations.
Recently, OSHA revisited a manufacturing site that had been investigated as a result of a compliant and found failure to rectify hazards that resulted in a fine of more than $201,000.
The agency cited the employer for failing to ensure proper machine guarding, and implement lockout/tagout procedures to prevent machine startup; exposing employees to electrical hazards; and failing to provide forklift operator certification training.
“Several violations identified in our inspection were only partially corrected or continued,” said an OSHA representative. “The employer’s continued failure to follow basic safety standards places employees at risk of serious injury or worse.
Companies typically have 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
After an inspection, OSHA must issue a citation and proposed penalty within six months of the violation’s occurrence. Citations describe OSHA requirements allegedly violated, list any proposed penalties and give a deadline for correcting the alleged hazards. Violations are categorized as willful, serious, other-than-serious, de minimis, failure to abate, and repeated. In settling a penalty, OSHA has a policy of reducing penalties for small employers and those acting in good faith.
Before conducting an inspection, OSHA compliance officers research the inspection history of a worksite using various data sources, review the operations and processes in use and the standards most likely to apply. They gather appropriate personal protective equipment and testing instruments to measure potential hazards.
When OSHA issues a citation to an employer, it also offers the employer an opportunity for an informal conference with the OSHA Area Director to discuss citations, penalties and abatement dates. The agency and the employer may work out a settlement agreement to resolve the matter and to eliminate the hazard.
For more information on the procedures for safety inspections, contact our offices at Diversified Safety Services.
