No matter how busy your construction business is, workplace safety cannot be ignored. The more you become familiar with what OSHA considers a violation, the more you reduce your chances of being cited. This is why our OSHA attorneys are providing you with a breakdown of the violations that could leave you paying penalties, getting prison time, or both. This article wraps up our series, feel free to review the violations in part one.
Employers are fined up to $124,709 if their jobsite is re-inspected and the same or another similar violation is discovered. However, a repeat violation can only be issued if the original citation is final and not under contest.
Failure to Abate Prior Violation
When OSHA issues a citation it is with the expectation that an employer will correct the violation by the abatement date. Failing to do so results in a civil penalty against the employer for every day the violation goes uncorrected beyond the abatement date. Beware, these violations can cost as much as $12,471 per day.
De Minimis Violations
De Minimis means trivial or minor. These types of violation are technical violations unrelated to the health and safety of a worker. An example of a de minimis violation would be ladder rungs with incorrect spacing between rungs. Employers are given verbal warning from inspectors as well as a record of the violation on their inspection file.
Other Violations to Watch Out for
Recordkeeping is critical in construction. If you are found falsifying any records during an OSHA investigation, you could be fined up to $10,000 and serve as much as 6 months in jail. Violating posting requirements after receiving a citation can cost you up to $12,471 per violation. It is also a criminal offense if you assault, resist, intimidate, or interfere with a Compliance Officer. This could cost you up to $5000 in fines and up to three years in jail.
Now That You Know About Violations
Our OSHA lawyers have shared the different types of OSHA violations you should be concerned about especially as you embark upon a brand new year in construction. Now it’s your turn to exercise prevention in your workplace. A good place to start is by reviewing the top OSHA violations of 2016. There are two parts to the series. Be proactive in keeping your workers safe and to stay in compliance. If you find yourself facing a citation, our OSHA attorneys are available to help you navigate the process.
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.