National safety is OSHA’s top priority. To promote compliance, OSHA inspectors are sent to construction jobsites to conduct inspections. These inspections can be prompted by things such as employee complaints, referrals, imminent danger situations, and the occurrence of severe injuries or death. If you have questions or concerns about an inspection, an OSHA lawyer is a great asset to have. With the guidance of an OSHA lawyer, you can navigate the inspection process with more ease.
In this two-part series, we will break down the six categories of OSHA violations and their related penalties. The first three are: “other than serious,” “serious,” and “willful.” Read our second article to learn about the rest of them.
Other Than Serious Violations
Employers facing safety and health violations that are not the result of a death or any serious injury could face a penalty of up to $12,471 which could be adjusted based on good faith, violation history, and the size of their business.
Serious violations occur as a result of a death or a serious injury where the employer either knew or should have known of the hazard. Employers are given a bit of grace as the penalty imposed can be up to $12,471. However, OSHA is willing to adjust penalties based on good faith, violation history, the size of the business, and the magnitude of the violation.
It’s worth noting that a willful violation is the most serious violation. When an employer knows or intentionally violates the law, they have committed a willful violation. If you aware of any hazardous condition on your jobsite and you make no effort to mitigate the risk, you are in grave danger of a criminal offense, and you will need the assistance of an OSHA attorney. In the construction industry, workers are injured severely daily. Even worse, some workers die on the job due to accidents like falls. For every willful violation, employers can face a penalty of at least $8,908 but could face a penalty as high as $124,709. If a death occurs due to an employer’s willful violation, imprisonment of six months or less along with severe court fines will apply.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.