Need to report an incident?
Call the nearest OSHA office.
Call the OSHA 24-hour hotline at 1-800-321-6742 (OSHA).
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Be prepared to supply: Business name; names of employees affected; location and time of the incident, brief description of the incident; contact person and phone number.
The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for overseeing workplace safety. The organization also enforces employee safety protocols and levies citations and fines for companies violating one of the industry safety requirements.
Knowing these violations will help improve your safety compliance management and ensure your business meets all required safety protocols.
What Are OSHA Violations?
An OSHA violation occurs when a company or employee willingly or unknowingly ignores potential and real workplace hazards. A violation does not always mean an incident occurred; it can also be substantiated during the OSHA inspection process.
Depending on the severity of the infraction, the company can receive a citation or fine.
OSHA Violations vs. Citations
OSHA violations and citations are essentially the same since citations typically come with fines, although it is possible to receive a citation with no penalty. All OSHA citations, regardless of fines, are public record and can be found on OSHA’s website, along with details of every inspection, even if no fines were issued.
Citations include a deadline for fixing the safety issue. If the same or a similar violation occurs again within five years, it’s classified as a repeat citation and is recorded on the company’s safety record.
| Top 10 Most Cited OSHA Violations of 2023 |
| 1. Fall protection 2. Hazard communication 3. Ladders 4. Scaffolding 5. Powered industrial trucks 6. Lockout/Tagout 7. Respiratory protection 8. Fall protection – training requirements 9. Personal protective and lifesaving equipment – eye and face protection 10. Machine Guarding |
How to Look Up OSHA Violations in 2024
OSHA has made it easy for employees, managers, and business owners to look up various violations. When you need to check the violations, OSHA has the complete list on its website.
Having regular safety audits and inspections performed by third-party safety consulting companies can help improve workplace safety and reduce the likelihood of OSHA violations and citations.
6 Types of OSHA Violations
There are six listed types of OSHA violations, each carrying a different penalty.
1. Serious
When a business owner or manager knows a hazard can result in injury or death and does not resolve it, OSHA considers this a serious violation. Fines are based on the seriousness of the violation and can reach up to $16,131 for each.
It can be more cost-effective to have a workplace risk assessment consultant identify and resolve these safety hazards before OSHA applies a costly fine.
Gravity-based OSHA Penalties
Gravity-based penalties (GBP) are classified into three categories.
- High-gravity (serious) violation penalties are $16,131.
- Moderate-gravity (semi-serious) violation fines range from $9,218 to $13,828.
- A low-gravity (less serious) violation fine is $6,913 for each incurred penalty.
2. Other-Than-Serious
A violation that does not result in injury or death but does compromise an employee’s safety and health is considered other-than-serious-threat by OSHA. The maximum penalty for this type of violation is the same as a serious one. However, the Occupational Safety and Health Agency can issue a citation or reduce the penalty amount by 95%.
Minimal-only Severity
Other-than-serious violations are divided into two classifications. Lesser minimal-only violations usually only come with a warning. The penalty is zero in financial terms. Greater minimal-only infractions have a broad range. Companies can face fines ranging from $1,000 – $14,502.
3. Willful or Repeated
When a violation is repeated within three years, companies will face stiffer penalties of up to $161,323. Willful violations are the most serious. The violation occurs when the employer knows there’s a risk to employees and does nothing to resolve it.
4. Posting Requirements
Any employer that receives a citation or violation notice from OSHA must post it near the incident area. The post must be visible to all employees until the violation is resolved or for three days, whichever comes first.
Learn more about OSHA recordkeeping guidelines.
5. Failure to Abate
The OSHA notice contains a date when the safety violation must be resolved. Companies that don’t meet this date are subject to the maximum penalty per day.
6. De Minimus Violation
An example of a De Minimus Violation is ladder safety. According to OSHA, a ladder having 13 inches between rungs instead of 12 inches isn’t technically compliant. A citation or notice isn’t always necessary; OSHA may give a verbal warning. A note is made in your company’s safety file, but there aren’t always penalties.
OSHA Fines: Minimums and Maximums
Here’s a table of minimum and maximum fines for top violations.
| Type of Violation | Minimum Penalty | Maximum Penalty |
|
Serious | $1,190 per violation | $16,131 per violation |
|
Other-than-serious |
$0 per violation | $16,131 per violation |
|
Willful or Repeated | $11,524 per violation | $161,323 per violation |
|
Posting Requirements |
$0 per violation | $16,131 per violation |
| Failure to Abate | N/A | $16,131 per day past the abatement date. |
Common OSHA Violations
Some OSHA violations are more common than others. Most are also easy to resolve. Here are a few common violations that result in an OSHA citation.
Fall Protection in Construction
To prevent this common hazard, employers must provide a safe working environment. For example, OSHA regulations require employers to have safe working conditions with clean and dry floors. Workers must also be trained in safety protocols and provided protective gear at no cost.
Learn more about available fall protection safety training if you’re familiar with this risk.
Hazard Communications in General Industry
OSHA requires that all chemical producers and importers evaluate and document the workplace hazards associated with the product. Labels and data sheets must also accompany the chemicals when transported, and you must be current with the corresponding OSHA MSDS requirements.
Scaffolding General Requirements in Construction
OSHA has stringent scaffolding safety requirements regarding construction site safety protocols. The agency requires workers to wear OSHA-compliant fall protection equipment on a scaffold. The company is responsible for providing the personal protective equipment.
- Inspections are required to determine the stability of the scaffolding.
- All work materials, including tools and debris, must be contained and prevented from falling on employees.
- Specific weight maximums cannot be over-exceeded.
The final requirement is the scaffolding’s placement. It cannot be near power lines. The distance varies according to state OSHA safety laws.
FAQs About OSHA Fines and Compliance
Can OSHA Fine Employees?
No, OSHA does not fine employees for workplace or jobsite safety violations. Under federal law, it’s the employer’s responsibility to provide a workplace free from recognized hazards that could cause serious physical harm. Employers must ensure compliance with all OSHA standards.
Where Do OSHA Fines Go?
OSHA fines are not used to fund OSHA directly. Instead, the fines collected for non-compliance with federal law are directed to the U.S. Treasury’s general fund.
Are OSHA Fines Tax Deductible?
No, fines or penalties paid to the government for violating any law, including OSHA standards, are not tax-deductible.
How Can I Reduce OSHA Violations in 2024?
One effective way to reduce OSHA violations and ensure a workplace free from recognized hazards is by regularly inspecting your workplace and talking to employees about safety concerns. For comprehensive safety management that prioritizes the prevention of serious physical harm, consider hiring professional safety management services.
Ensure Compliance and Protect Your Team with Safety By Design
Don’t let workplace safety hazards put your business and employees at risk. At Safety By Design, we help you stay compliant with OSHA standards, safeguarding your team from harm. Our expert safety professionals are dedicated to enhancing workplace safety, preparing for workplace emergencies, and maintaining a strong focus on overall safety and health.
The experts at Safety By Design will help ensure your workplace meets all OSHA requirements.
Contact our team today to schedule a consultation or safety training in Houston.
Thank you for visiting our website! We appreciate your interest in workplace safety. Please note that Safety by Design is not affiliated with OSHA. However, we can assist you with the following OSHA-related services:
- OSHA Mock Inspection
- OSHA Training
- Facilitate OSHA Inspections and Citations
If you need to file a complaint with the OSHA Office, please call 800-321-6742 (OSHA) or visit this page for other methods to contact them.
