Overview of OSHA Standards, Citations, & Penalties
Reading OSHA Standards:
- Code of Federal Regulations is divided into 50 titles
- Title 29 is designated for the Department of Labor
- All OSHA regulations are found within Title 29
- Published annually on July 1
- Breakdown of OSHA standards are as follows:
- Title
- Chapter
- Parts
- Subparts
- Sections
- Paragraphs
- Sub paragraphs
- Chapters represent issuing agencies
- Subparts are individual topics within an overall part
- example: 29 CFR Part 1910, Subpart S
- Title 29 is Dept. of Labor
- Chapter 17 is OSHA (implied in coding)
- Part 1910 is General Industry Standards
- Subpart S are the electrical standards
- example: 29 CFR Part 1926, Subpart L
- Title 29 is Dept. of Labor
- Chapter 17 is OSHA (implied)
- Part 1926 is Construction Standards
- Subpart L are the scaffold standards
Citations & Penalties:
- Citations are not issued at time of inspection by OSHA Safety Officers, they are issued by OSHA Area Directors by certified mail with 45 days of inspection.
- Types of citations:
- other than serious - would not cause death or serious harm
- serious - high probability of death or serious harm
- willful - knowingly engaging in an act that is known to be dangerous or possibly fatal to employees
- repeated - similar violations found on reinspection
- failure to abate - former citation not abated
- falsifying records
- assaulting a compliance officer
- Penalties:
- other than serious: less than or equal to $7,000 per violation (usually a much lower amount than max)
- serious: less than or equal to $7,000 per violation
- willful: $5,000 to $70,000 and/or jail time
- repeated: less than or equal to $70,000 per violation
- failure to abate: less than or equal to $70,000 per day
- falsifying records: $10,000 and/or jail time
- assaulting a compliance officer: less than or equal to $5,000 and less than or equal to 3 years prison time
Appeals:
- Employer has 15 days from certified notification of citation to notify Secretary that they wish to contest the citation.
- If no notice is given within 15 days, then the citation and penalty will be deemed final.
Always consult the OSHA standards for more details.
