OSHA Citation

The refinery manager reportedly strongly disagreed with OSHA s characterizations of the alleged violations as willful and planned to contest that and a number of other claims. [23] Typically, there are informal conferences and other opportunities to appeal between OSHA and the cited company before the final penalty is established. According to the OSHA database, the initial penalty was 118,500 and was settled for as 96,426. [24] I recognize the newspaper reports of the penalty and the OSHA database published penalties are very different. A very short insight on OSHA citations will follow. 

After an OSHA inspection of the workplace, the investigator(s) will review the evidence gathered via documents, interviews, and observations. If the OSHA inspector believes there has been a violation of a standard, he can use a standard citation form that identifies the site inspected, the date, the type of violation, a description of the violation, the proposed penalty, and other requirements. The citation must be issued within the first six months after the alleged violation occurred. 

Several types of categories of violations are available to describe the degree of seriousness of the charge. Three of the more commonly seen classes of violations are willful, serious, and other-than-serious. A willful violation is defined as one committed by an employer with either an intentional disregard of, or plain indifference to the requirements of the regulation. To support a willful violation, OSHA must generally demonstrate that the employee knew the facts about the cited condition and knew the regulation required the situation to be corrected. OSHA s penalty policy requires that the initial penalties for violations shall be between 25,000 and 70,000 based on a number of facu)rs. 

A serious violation is defined as a violation where there is a substantial probability that serious physical harm or death could result, and the employer knew or should have known of the condition. OSHA s typical range of proposed penalties for serious violations is between 1,500 and 5,000. [25] 

Typically the OSHA Area Director approves and signs the citation that lists the violations, the seriousness of such violations, and propoi d penalty amounts. If the employee wants to discuss the citation and the alleged violations, he can request an informal conference to belter underetand the details. Should the employer choose to contest the citation, he has 15 days from the date of issuance of the citation to provide a notice of contest letter to OSHA s Area Director. The receipt of the letter starts a process to review the case by the Occupational Safety and Health Review Commission. 

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Let s consider some of the important cost factors of a JHA. These methods can help to improve job procedures and can help to reduce costs that result from absenteeism and workers compensation claims, as well as hidden costs that are usually overlooked. These hidden costs include management time for investigation lost time for other workers who experience some level of trauma hiring and training temporary workers bad publicity, poor product quality, employee morale OSHA citation/fines, court costs, and so on. Reduction of these costs can lead to increased productivity and improved cost to the bottom line. 

Highlights regulatory enforcement efforts and numerous OSHA citation statistics for failure to comply with mechanical integrity regulations... 

BASF Corporation agreed to pay a fine of 1.06 million to settle OSHA citations associated with an explosion at a chemical plant that resulted in two deaths and 17 injuries. 

Ust and explain three different types of OSHA citations and the typical penalties that accompany them. 

An OSHA citation informs the employer of OSHA violations. Penalties are fines assessed as the result of citations. In March 1991, civil monetary penalties were increased sevenfold. The maximum allowable penalty is 70,000 for each willful or repeated violation, and 7,000 for each serious or other-than serious violation as well as 7,000 per day beyond a stated abatement date for failure to correct a violation. Examples of very large penalties paid out are ... 

Acquire an understanding of the possible defenses to an OSHA citation. 

OSHA citations reduced average days lost by 23.0% in plants with 200 or more workers and 37.0% in plants with 300 or more workers... 

An employer who receives an OSHA citation may take either of the following courses of action ... 

Ladders are an indispensable help for construction crews. While they are uncomplicated and simple to use, you can t take ladder safety for granted. They are a major source of accidents at construction sites. They are also a source for numerous OSHA citations. In December 2010, the following ladder violations were in the top 25 OSHA construction citations ... 

Special organizations hear complaints about enforcement of particidar federal regidations. Upon appeal, some complaints may proceed to district or circuit courts. The Occupational Safety and Health Review Commission hears employer appeals of OSHA citations. The Mine Safety and Health Review Commission has a similar function. 

The general duty clause extends OSHA s authority beyond the specific requirements of the standards when a recognized workplace hazard exists or potentially exists. It is often used when no specific standard applies to a recognized hazard in the workplace. The general duty clause has been used as the basis for numerous OSHA citations. Millions of dollars are collected as a result of these citations. Few other sections of the OSHA standards (Parts 1910 and 1926) cost more in penalties for OSHA violations than Section 5(a)(1). OSHA may also use the general duty clause when a standard exists, but it is clear that the hazards involved warrant additional precautions beyond what the current safety standards require. 

This OSHA citation and penalty 21.4 million penalty (at the time was almost double the next largest fine in OSHA history). OSHA felt it sent a strong, clear message to all employers. It would emphasis the need to protect workers and to make health and safety a core value. 

The Occupational Safety and Health Review Commission (OSHRC) was established, when the OSHAct was passed, to conduct hearings when OSHA citations and penalties are contested by employers or by their employees. 

Copies of any OSHA Citations of Violations of the OSHA standards are to be at or near the location of the violation for at least three days or until the violation is abated, whichever is longer... 

Q. 1 On a construction worksite where there are subcontractors and a general contractor, which employers are subject to an OSHA citation for electrical cords that violate subpart K standards ... 

A. 1 Pursuant to the OSH Act and the Multi-Employer Citation Pollcy,1 any employer that exposes one of its employees to the hazards created by an unsafe electrical cord on a construction site may be subject to an OSHA citation. In situations where an employer s own employees are not exposed to a hazard, that employer may still be subject to OSHA coverage If the employer qualifies as a creating, correcting, or controlling employer. Please refer to the attached Multi-Employer Citation Policy for further guidance. 

A. 2 This is a contractual matter that Is not governed by OSHA however, more than one employer may be subject to an OSHA citation here, as discussed above. 

Q. Scenario A subcontractor ("sub") enters into a contract to drills holes in a floor. During the contract discussions, the sub offers to include the cost of pre-fabricated, adjustable hole covers in the contract. The general contractor ("GC") declines, stating that the GC will cover the holes itself. In this scenario, is the sub permitted to rely on the GC to cover the holes If the GC failed to cover a hole, would the sub be subject to an OSHA citation ... 

Table 9.12 lists the top ten OSHA citations issued during Fiscal Year 2005 for Industry Group 138. Table 9.13 lists some of the potential hazards and their sources related to Industry Group 138. 

Note that in Table 9.12 the second most frequent OSHA citation issued for oil and gas drilling operations was for violation of 29 CFR 1910.146, the permit-required confined spaces standard. OSHA has a specific standard that mandates specific compliance with its requirements for making confined space... 

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