Who Pays OSHA Fines?

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    Preliminary Reviews

    • The agency conducts regular reviews of important corporate work streams, focusing on specific processes. These include workplace temperature, safety procedures, security policies and hazard-prevention methodologies in place for personnel handling dangerous substances. Hazardous materials include lead-based paint, asbestos and radioactive substances.

    Inspections

    • OSHA inspectors perform routine audits to make sure organizations abide by occupational laws. Government reviewers also initiate unannounced audits and review corporate work streams for adequacy and effectiveness. These surprise visits also enable agency auditors to determine how serious department heads are when it comes to safeguarding the physical safety of personnel.

    Penalties

    • OSHA imposes specific penalties on violators; penalty amounts depend on the nature of the violation. As of 2011, regulatory fines increased by the degree of violation severity. Any employer who willfully or repeatedly runs afoul of regulations may have to pay a civil penalty of not more than $70,000 for each violation, but not less than $5,000. A company that receives a citation for a serious violation of any OSHA rule may have to pay a civil penalty of up to $7,000 for each violation. The fine is the same even if the agency determines that the violation is not serious, as specified in Section 6 of the OSH Act of 1970. If an organization fails to correct a violation for which it received a citation, the company may be liable for a civil penalty of not more than $7,000 for each day during which such failure or violation continues. A firm that voluntarily breaks occupational laws may be liable to a greater degree if the infringement causes employee deaths. If convicted, the company may have to pay a fine of not more than $10,000 and corporate managers may receive jail time of not more than six months. If convicted, any person who tips off a company about an impending inspection may have to pay fine of not more than $1,000 or receive jail time of not more than six months.

    Expert Insight

    • Companies often hire specialists to ensure that department heads put into place adequate controls in operating activities. These professionals include occupational-health experts, environmental-quality specialists, quality assurance auditors and workplace-law practitioners.

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