OSHA FEDERAL PENALTY SCHEDULE

OSHA citations inform the employer and employees of the regulations and standards alleged to have been violated, and of the proposed length of time set to correct alleged hazards. The employer receives citations and notices of proposed penalties by certified mail. The employer must post a copy of each citation at or near the place a violation occurred for 3 days or until the violation is abated, whichever is longer. These are the types of violations that may be cited and the penalties that may be proposed:

 § Other-Than-Serious Violation — A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. OSHA may assess a penalty from $0 to $1,000 for each violation. The agency may adjust a penalty for an Other-Than-Serious violation downward by as much as 95 percent, depending on the employer’s good faith (demonstrated efforts to comply with the Act), history of previous violations, and size of business.

§ Serious Violation – A violation where there is a substantial probability that death or serious physical harm could result. OSHA assesses the penalty for a serious violation from $1,500 to $7,000 depending on the gravity of the violation. OSHA may adjust a penalty for a serious violation downward based on the employer’s good faith, history of previous violations, and size of business.

§ Willful Violation – A violation that the employer intentionally and knowingly commits. The employer is aware that a hazardous condition exists, knows that the condition violates a standard or other obligation of the Act, and makes no reasonable effort to eliminate it. OSHA may propose penalties of up to $70,000 for each willful violation. The minimum willful penalty is $5,000. When a willful violation is deemed to be ‘egregious’ than OSHA can apply willful violation limits for every violation found or for every employee exposed to hazards.

§ An employer and responsible management individuals convicted in a criminal proceeding of a willful violation of a standard that has resulted in the death of an employee may be fined up to $250,000 for individuals or $500,000 for a corporation or imprisoned up to 6 months, or both. A second conviction doubles the possible term of imprisonment.

§ Repeated Violation – A violation of any standard, regulation, rule, or order where, on reinspection, a substantially similar violation is found and the original citation has become a final order. Violations can bring a fine or up to $70,000 for each such violation within the previous 3 years. To calculate repeated violations, OSHA adjusts the initial penalty for the size and then multiplies by a factor of 2, 5, or 10 depending on the size of the business.

§ Failure-to-Abate – Failure to correct a prior violation may bring a civil penalty of up to $7,000 for each day that the violation continues beyond the prescribed abatement date.

Source: OSHA Publication 3000-09R. 2003 Other-Than-Serious Violation

MCR Safety’s  C & C team can help you with PPE compliance.

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Global Harmonization?????

Global Harmonization? What?
We need to get accustomed to hearing the words Global Harmonization. New regulations regarding MSDS’s (Material Safety Data Sheet), chemical processing and handling have been established and will effect every operation that currently uses MSDS’s. OSHA estimates that more than 5 million workplaces will be affected.

The three major areas of change are in hazard classification, labels, and safety data sheets.

  • Hazard classification: The definitions of hazard have been changed to provide specific criteria for classification of health and physical hazards, as well as classification of mixtures. These specific criteria will help to ensure that evaluations of hazardous effects are consistent across manufacturers, and that labels and safety data sheets are more accurate as a result.
  • Labels: Chemical manufacturers and importers will be required to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements must also be provided.
  • Safety Data Sheets: Will now have a specified 16-section format.

This link will help you gather further information to clarify the changes.

http://www.osha.gov/dsg/hazcom/hazcom-faq.html#3

The labeling change will help to globally clarify what the hazard is and how to protect the workers.

Click to Enlarge

 

Do OSHA Inspections Work?

* 9.4% drop in injury claims at workplaces in the four years following an inspection
* 26% average savings on workers’ compensation costs compared to similar, non-inspected
* $355,000 average savings for an employer (small or large) as a result of an OSHA inspection
* $6 billion estimated savings to employers nationwide

It’s Official: OSHA Doesn’t Kill Jobs. It Stops Jobs from Killing Workers

A landmark new study by business school economists at the University of California and Harvard University confirms that OSHA’s inspections not only prevent workers from getting hurt on the job, they also save billions of dollars for employers through reduced workers’ compensation costs.

The study was entitled “Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss

** Information From special Edition of OSHA Quick Takes May 29, 2012

It costs not to be safe.

Did you know:

Loss of life = $910,000

One lost day from work = $28,000

In the job injury = $7,000

Loss of eye = $385,000

Number of eye injuries each day = 2,000

Average of 14 workers die, on the job EACH day!

Safety is your ASSet!

If you are in need of safety recommendations or  confirmation of your OSHA compliance, consider our MCR Safety Consulting  & Compliance (C&C) team.  The C&C Team will perform  hazard assessments and provide samples for testing.  Our team members  are all certified in the OSHA 10 Hour Course and have extensive experience  working with people that use safety gear everyday.