Five ways to avoid being cited for ‘willful,’ ‘repeated’ OSHA violations

There’s no question that along with OSHA’s big enforcement push has come a substantial increase in the number of violations labeled “willful” or “repeated.” The consequences of such citations are potentially severe from the standpoints of financial impact, public relations and civil liability.

But there are some things you can do to avoid having a violation classified as “willful” or “repeated” which attorney Arthur Sapper outlines in an informative article. Sapper, an attorney with McDermott, Will & Emery, is one of the real pros in the safety community, having served as deputy general counsel to the Occupational Safety and Health Review Commission.

First a little background. Violations found by OSHA to be “wilfull” or “repeated” carry higher penalties – up to $70,000 per violation – than do other-than-serious violations, which have a maximum penalty of $7,000. Under the Obama admistration, OSHA is issuing “egregious” willful citations at a rate five times greater than when the President was sworn in.

So here are Sapper’s five steps for avoiding a “willful” or “repeated” violations when dealing with an OSHA inspector. To read the full article, click here.

1. Don’t argue with the standards.
2. Know your company’s history with OSHA
3. Don’t ignore employee complaints or accident reports
4. Don’t argue with the inspector
5. Consult a knowledgeable attorney early on

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