SMALL BUSINESS INSPECTED & FINED WITH GREATER FREQUENCY

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Did you know? 

Smaller companies are inspected & fined with greater frequency than larger companies?  It is not only surprising but also a statistical fact.    

$381.2 million in OSHA fines were generated last year.**   

Increase of $90.1 million from the previous year (2022).  

Minimum $5,000 fine for willful violations. 

For the employers who operate small firms—those with 50 or fewer employees—in no case will the proposed penalty be less than the statutory minimum, i.e. $5,000. $25,000 minimum for employers with 50 or more employees.  

Up to a $161,323 fine for willful violations. 

Willful violations can bring a fine of up to $161,323 for 5each such violation.  

SOURCE: U.S. Dept. of Labor.  Occupational Safety & Health Administration.  Statistical & Inspection Data:  Frequently cited OSHA Standards.  Federal Jurisdiction.  All Industry Groups posted January 2024 on OSHA web page www. osha.gov. **According to 2023 statistics for Federal & State Jurisdiction.

Common types of OSHA inspections include:

• The targeted business has no control over initiating the inspection process. 

• Inspections are not scheduled with the business. 

• There is no warning to the business. 

• Inspections are unannounced.

PLANNED   

OSHA has targeted your business for inspection because of your industry.  Because your business operates within the targeted industry, you are inspected.

COMPLAINT  

When/if an employee files a complaint with OSHA they are required to respond.  Complaints are confidential.  The complaining employee will not be disclosed.

ACCIDENT 

An employee accident or injury has alerted OSHA to your operation.  OSHA inspects your operation following the accident or injury.

REFERRAL 

OSHA has been referred to your business.  The referral can originate from a number of sources but it is not uncommon for one OSHA inspector to refer another OSHA inspector to your operation.  This can mean your business is receiving another, completely separate, OSHA inspection after having just received an initial inspection.

* Reprinted from: Employer Rights and Responsibilities Following an OSHA Inspection (OSHA 3000)

WILLFULL 

A willful violation is defined as a violation in which the employer knew that a hazardous condition existed but made no reasonable effort to eliminate it and in which the hazardous condition violated a standard, regulation, or the OSH Act.  Penalties range from $5,000 to $161,323 per willful violation, with a minimum penalty of $25,000 for a willful serious violation.  For employers who operate small firms–– those with 50 or fewer employees––in no case will the proposed penalty be less than the statutory minimum, i.e., $5,000.

SERIOUS

A serious violation exists when the workplace hazard could cause an accident or illness that would most likely result in death or serious physical harm, unless the employer did not know or could not have known of the violation.  A penalty of up to $16,131 for each violation may be proposed.

REPEATED

An employer may be cited for a repeated violation if that employer has been cited previously for a substantially similar condition and the citation has become a final order of the Occupational Safety and Health Review Commission.  A citation is currently viewed as a repeated violation if it occurs within 3 years either from the date that the earlier citation becomes a final order or from the final abatement date, whichever is later.  Repeated violations can bring a fine of up to $161,323 for each such violation.