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Types of OSHA Violations

OSHA Violation

OSHA violations are given when employers fail to comply with safety and health regulations set forth by the Occupational Safety and Health Administration. These violations are issued to address hazards that could lead to worker injuries, illnesses, or fatalities. The purpose of issuing violations is to enforce compliance with established safety standards, encourage employers to correct dangerous conditions, and ultimately protect workers’ well-being.

Violations can range from minor infractions, such as improper labeling or lack of documentation, to serious or willful violations, which indicate more significant risks or deliberate disregard for safety protocols. Penalties for these violations aim to motivate companies to improve safety practices and maintain a safer workplace.

Types of Violations

There are 6 types of OSHA violations a business can receive:

  • Serious
  • Other-than-Serious
  • Posting Requirements
  • Failure to Abate
  • Repeat
  • Or, Willful

There is also a De Minimis Violation. This is a technical violation of OSHA rules that do not directly impact the safety and health of workers. This type of violation is the most minor class and does not typically lead to heavy fines or citations. An OSHA inspector will verbally inform the employer of the violation and list it in the business case inspection file.

Example: If a ladder has 13 inches between the rings instead of 12 inches, the employer can receive a De Minimis violation.

Serious Violation

A serious violation is issued when a business is aware, or should be aware, of a workplace hazard that could lead to an accident or illness, resulting in severe injury or death, and fails to address or correct the hazard. This violation can result in hefty fines and are typically related to issues such as faulty equipment, improper training, etc.

Example: There was a fatal crushing accident due to the employer’s lack of implementing safety procedures.

Other-than-Serious Violation

This type of violation may not lead to a serious injury or death, but could potentially put an employee’s safety and health at risk. These violations are typically related to administrative or paperwork issues. While this violation may not pose an immediate or direct risk to employee health and safety, it is still important to correct it in order to maintain compliance with OSHA regulations.

Example: The employer failed to provide copies of safety regulations and post required documentation in work areas.

Posting Requirements Violation

This violation occurs when an employer fails to display required safety and health notices in the workplace. These notices typically include information such as the OSHA workplace poster, notifications of specific safety standards, or details about the company’s injury and illness recordkeeping.

Example: An employer failed to post OSHA’s “It’s The Law” poster in the workplace.

Failure to Abate Violation

Each violation citation has a date in which the issue shall be corrected by, if the business does not rectify the situation. OSHA can give a failure to abate violation and charge the company an additional penalty amount for every day the hazard goes uncorrected.

Example: The employer fails to fix an exposed electrical wire, they receive a citation with a 30-day abatement period, but they neglect the period, and do not fix the issue within the given period.

Repeated Violation

An OSHA inspector can give a business a repeated violation when a business has previously been cited for a violation and has not corrected it, or if the inspector finds a very similar violation during a separate inspection. If a business is contesting the original violation or pending a final decision, the inspector cannot consider a violation as a repeated violation.

Example: An OSHA inspector gave a business a violation for damaged stairwell handrails and the employer did not replace or repair the handrails. The hazard still exists during the next OSHA inspection.

Willful Violation

This is the most serious violation. This occurs when a business intentionally disregards OSHA regulations or acts with extreme indifference to employee safety. A willful violation has a hefty fine but can become a criminal offense with a minimum fine.

Example: An employer knowingly and willingly allows a worker to operate faulty machinery, in addition to a lack of safety guards and training.

Penalties

Penalty amounts are based on the specific violation cited and represent the maximum fines set by OSHA. These amounts are adjusted annually, usually around January 15th, to reflect inflation. Be sure to stay up to date with the latest penalty amounts.

The following are the maximum penalty amounts as of January 15, 2025:

  • Serious, Other-than-Serious, and Posting Requirements: $16,550 per violation
  • Failure to Abate: $16,550 per day beyond the abatement date
  • And, Repeat or Willful: $165,514 per violation

*States that operate their own Occupational Safety and Health Plans are required to adopt the maximum penalty levels that are at least as effective as Federal OSHA’s. State Plans are not required to impose monetary penalties on state and local government employers.*

Conclusion

OSHA violations serve as an important mechanism for ensuring workplace safety and protecting employees from potential hazards. Whether serious, willful, or other-than-serious, addressing OSHA violations is essential for maintaining a safe, compliant workplace. Proactively understanding regulations, identifying risks, and correcting violations helps employers avoid fines and promote a safety-focused culture.

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