Fined By OSHA? Here's What You Need To Do Next.
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It happened. You were fined by OSHA. So, now what?

Well, as stressful as it might seem, don’t panic. You have some options.

From lowered penalties based on company size, to reductions based on good faith, things may not be as dire as they seem.

 

Understanding Citations and Fines

 

An OSHA violation occurs when there’s a disregard for potential safety hazards, whether intentional or not, jeopardizing the well-being of employees. Depending on the gravity of the breach, repercussions may manifest in the form of citations or fines.

Citations serve as a form of warning from OSHA, highlighting identified safety lapses without immediate risk to employees. Rather than monetary penalties, companies are urged to rectify the cited issues within a stipulated timeframe. It’s important to note that repeat offenses are duly noted, underscoring the importance of swift and effective corrective actions to maintain a pristine safety record.

Fines, however, signify more serious infractions that directly endanger employees’ safety. These represent a tangible repercussion imposed as a consequence for failing to adhere to OSHA standards and negligence in maintaining a safe work environment.

Related Article: 5 Ways to Avoid Rising OSHA Fines

Related Article: OSHA’s Top 10 Violations for 2023

 

The “Quick Fix” Program

 

OSHA’s “Quick Fix” abatement incentive program gives employers the chance to reduce their fines by up to 15-percent when they immediately improve hazards found during the inspection.

Creating new health and safety programs are efficient ways to make those improvements. Adding a medical surveillance program is simple, yet it can have a big impact.

Companies such as Worksite Medical offer mobile medical units that can drive to your worksite and complete testing during normal workdays.

 

Highlight Your Clean Record

 

A clean record — if you have one — can go a long way towards getting your fine reduced.

Usually, if your company has gone five years without a citation or repeat fine, then you can get your penalty reduced by 10-percent.

However, a history that includes serious citations, such as willful infractions, will make it difficult to get your fine reduced.

 

Related Article: OSHA Fines Major EV Battery Manufacturer $75K for Failures in Hearing Protection, Respiratory Programs

 

See if You Qualify for Size Reduction

 

Size reduction is the most common method used to reduce OSHA fines, and could help reduce your OSHA fine by up to 80% (as of Jan. 2024).

Usually, the size of the fine is based on the number of employees.

Businesses with 250 or fewer workers may be able to get their fines reduced by 10%, while those with 10 or fewer workers can receive up to an 80% reduction. Of course, multiple tiers exist in between, with various reduction rates.

It’s important to note that OSHA updates these numbers annually, so the rate reductions for 2024 may differ from past or future years.

Number of Employees  Percent Reduction
10 or fewer 80
11-20 60
21-30 50
31-40 40
41-50 30
51-100 20
101-250 10
251 or more 0

 

Provide Health and Safety Records

 

Maintaining accurate health and safety record is one of the most effective ways to reduce, if not eliminate, OSHA fines.

If your business can show evidence of limited exposure to the hazard, then the citation may be revoked. These records can provide an accurate representation of health hazards that show whether or not your employees were ever at risk of exposure to health hazards.

 

Key Steps In Resolving a Violation

 

If your workplace has been fined by OSHA, it’s essential to take prompt and appropriate action to address the situation. Here’s what you need to do next:

  1. Review the Citation.
  2. Assess the Violations.
  3. Develop a Corrective Action Plan.
  4. Communicate with OSHA.
  5. Implement Corrective Measures.
  6. Document Compliance Efforts.
  7. Request Informal Conference or Contest the Citation.
  8. Seek Assistance if Needed.
  9. Prevent Recurrence.
  10. Stay Informed and Proactive.

By taking these steps, you can effectively address or even reduce your OSHA fine.

A medical surveillance program that regularly tests the exposure of employees, and keeps up-to-date records, can help employers avoid OSHA fines completely.

The clock is ticking. Once you’ve been fined you have 15 days to either settle or contest your fine.

Are you in compliance?

 

Stay In Compliance With Worksite Medical

 

In most cases, OSHA requires medical surveillance testing, and at no cost to employees.

Worksite Medical makes that program easier with mobile medical testing.

If you’re in need of DOT physical exams for your team, look no further! We offer both individual and company-wide DOT physical exams. For more information on what DOT physical exams involve, or to schedule exams for you and your team, head to: DOT Physical Exams

Additionally, we conduct on-site respirator fit tests, as well as audiometric exams, pulmonary function tests and heavy metal lab work, right on your job site. We also keep accurate, easy-to-access medical records for your convenience. You’ll keep your employees at work, and stay ahead of OSHA inspections.

With Worksite Medical, a mobile medical testing unit — we can bring all the resources of a lab to you. Our certified lab technicians can perform both qualitative and quantitative respirator tests to ensure a perfect fit.

Protect your team and your workplace now with Worksite Medical. Not sure what you need? Try our medical testing wizard here.

Give us a call at 1-844-622-8633, or complete the form below to schedule an on-site visit or to get your free quote.

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