In the How to Manage an OSHA Job Site Audit Seminar I show contractors what happens when a contractor is cited and fined for violating OSHA safety standards. Most if not all of the attendees are totally surprised to learn that OSHA Audits are posted on the OSHA website within a few days of the initial visit. Here is how it happens.
When OSHA audits a job site they open up a file number and post it on the OSHA website. First they post the audit date with the alleged safety standard in question, the site address, the name of the contractor, the address of the contractors business and the reason or source that lead to the visit. Often times the source is from a referral or complaint. The contractor below was cited for Fall Protection violations.
Then as the file is processed over the course of a few months a result is published under the complaint file number. The standards that were violated are then listed with the type of violation (example; serious, willful or repeat), fine amounts and the corresponding specific standard.
Following is a random selection from an inspection by the Springfield, Ma OSHA Office in July of 2013.
I removed the name and address of the company in this real life complaint.
OSHA inspection recorded on 7/31/2013
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Case Status: CLOSED |
Below in the violation summary you can see the initial proposed fine amounts. The intial penalty was $11,000 based upon 2 serious and one repeat violation. Then the penalty was reduced to $5500.00. It is likely that this contractor set up an informal conference with OSHA seeking to talk about the violations and correct the problem. After one is audited it can be helpful to call OSHA right away and let them know you want to take care of the situation. A good faith effort and professional attitude often results in fewer citations and a lower fine amount.
Violation Summary | ||||||
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Serious |
Willful |
Repeat |
Other |
Unclass |
Total | |
Initial Violations | 2 | 1 | 3 | |||
Current Violations | 2 | 1 | 3 | |||
Initial Penalty | 4840 | 6160 | 11000 | |||
Current Penalty | 2420 | 3080 | 5500 | |||
FTA Amount |
Here you can see the final result of the citation and fine process. This contractor could have recieved fines of $7,000 for each serious violation ($14,000) and $70,000 for the repeat violation for a total of $84,000.00. It is likely he handled the situation well and was given the lower fine amounts. OSHA will often reduce fine amounts for good faith, small business and a willingness to do the right thing.
First it makes sense to work safe and follow the OSHA Standards so your workers are properly protected. But if your job has unsafe conditions and OSHA comes by and notices they will stop. We recommend that contractors educate all employees and subs on how to conduct themselves when OSHA arrives on your job site. Having a belligerent and difficut employee or sub engage an OSHA officer in the wrong way can lead to more citiations and higher fine amounts.
Below you can see the final result for this OSHA Site Audit as it is listed under the first posted date.
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For help and guidance on what contractors need to do to be in compliance with OSHA check out the safety program page.