OSHA’s Repeat Violation Policy: How To Prepare.

EHS Today: “A recent court decision extending the time limitation for OSHA to assess repeat violations has upped the ante for employers who until now chose not to contest more routine violations because of the cost of defending them.

OSHA defines violations of its regulations as willful, repeat, serious, or other-than-serious. The higher the classification, the larger the penalty. While the current maximum penalty for what OSHA terms as a serious violation is $12,934, the maximum for repeat violations can be assessed as much as close to 10 times that amount—$129,336.

Prior to 2015 it was the agency’s practice to look back no further than three years for citations that could add up to repeat violations. In 2015, OSHA increased that period to five years in a revision of its Field Operations Manual (FOM) for its enforcement staff…”

Employers have an obligation to make sure that all issues you were cited for in the past are corrected not only in the workplace where they originally occurred, but also at ANY other workplace that your company may own and operate. There are a number of ways to address this challenge moving forward:

Develop Your Safety Culture

We can’t change the past but we can control our future when it comes to workplace safety. Decide to make Safety a core value for all employees. Daily emphasis on the importance of safety and a review of all previously cited OSHA issues in all of your facilities with corrective actions taken in all substantially similar conditions will result in safer, in compliance workplace.

Know when to ask for help.

In the event that your work place safety regular and frequent audits are in consistent, it pays to ask for help. There are a number of great companies and resources available to help you reorganize your safe work practices for the future. Find a website, send an email, or make a call to get the expertise needed to get you back on track.

FDRsafety offers unparalleled expertise in helping companies fully comply with OSHA requirements and address the current climate of heightened enforcement. For a FREE consultation, please contact us.