Practice Areas

The Consequences Of Non-Compliance With OSHA Standards

Employers that are found in violation of the standards given by OSHA may find themselves paying violation fees, possible imprisonment, and more. The following list is how OSHA defines different violations of employers that are found non-compliant and the consequences they can face. To learn more about possible fines, it is best to consult with an Orlando construction lawyer.

Willful Violation

OSHA defines a willful violation as a violation in which the employer either knowingly ceased to comply with a legal requirement (purposeful disregard) or heeded with simple lack of concern to employee safety. A willful violation can carry, at lowest level, a penalty fine of $5,000 per violation or at most a penalty fine of $70,000 per violation.

SERIOUS VIOLATION

A serious OSHA violation results in workplace dangers that could cause an accident or illness that would most likely result in death or in serious physical harm, unless the employer did not know or could not have known of the violation. In regards to a serious violation, a mandatory penalty of up to $7,000 for each violation can be considered.

OTHER-THAN-SERIOUS VIOLATION

A violation that has a direct correlation to job safety and health, but is not serious in nature, is classified as “other-than-serious.” A proposed penalty of up to $7,000 for each violation is a possibility.

REPEATED VIOLATION

Any time a standard is violated after the original charge for the same or very similar infraction is a repeated violation, according to OSHA. As an employer can be fined up to to $70,000 per violation for every repeat violation. Ask your construction lawyers in Orlando how you can avoid repeat issues.

 FAILURE TO ABATE PRIOR VIOLATION

Failure to pay the penalties for a prior OSHA violation may result in a fine of up to $7,000 for each day that the violation continues beyond the set abatement date. MISCELLANEOUS VIOLATIONS

Fake records, reports or applications: this can resort in a fine of $10,000 or up to six months in jail, or both.

Violations of posting requirements: this can result in a civil penalty of up to $7,000.

Harming a compliance officer while they are giving an inspection: this will incur a fine of up to $5,000 and possible imprisonment of up to three years.

In addition, any new violations that are found during a follow-up inspection will be cited, along with any problems that have not been abated by the abatement date so specified on the OSHA Notice. The latter violations will be cited in the form of a Failure to Abate Notice.

Having to pay violation fees are not the only consequences of being non-compliant. Your company can lose revenue, you can be dealing with worker’s compensation payments, and more. If you have been cited for an OSHA violation, it is important that you contact a construction attorney in Orlando as soon as possible.

To schedule an appointment with one of our ORLANDO OSHA defense attorneys, please call us at 813.579.3278 or submit our contact request form to request a consultation.

Have A Legal Question? Request A Consultation Today