Employers are often hit with safety citations following an OSHA inspection containing hefty penalties (currently up to $16,550 for other than serious and serious or $165,514 for repeat and willful, per violation.) Before issuing a citation, OSHA guidance allows for reductions in the penalty amount based on a variety of factors, such as the gravity of the violations and the size, history and good faith of the employer. OSHA recently expanded reductions for small employers, employers who take steps to immediately correct a hazard and employers without a history of citations.
Employers with up to 25 employees are now eligible for a 70% penalty reduction, which was previously reserved for employers with up to 10 employees. Additionally, employers who work to immediately correct a hazard are eligible for a 15% penalty reduction. Finally, employers never inspected or inspected in the last 5 years without repeat, serious, willful or failure to abate violations are eligible for a 20% penalty reduction.
These penalty reductions provide employers with greater incentive to maintain an effective safety and health program. Employers should understand applicable safety standards, develop appropriate safety rules, processes and training, encourage prompt identification of hazards, and work to quickly fix issues once identified. Employers can find more guidance here. Additionally, small employers should maintain adequate employee records to prove eligibility for the 70% penalty reduction.
As always, reach out to Employers Council with questions or concerns.
Jennifer Vold is an attorney with Employers Council
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