OSHA Updates Criteria for Placement in Severe Violator Enforcement Program

The program focuses on employers who willfully or repeatedly violate federal health and safety laws.

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The U.S. Department of Labor is expanding the criteria for placement in OSHA’s Severe Violator Enforcement Program to strengthen enforcement and improve compliance with workplace safety standards and reduce worker injuries and illnesses.

The new criteria include violations of all hazards and OSHA standards and will continue to focus on repeat offenders in all industries, according to OSHA. Previously, an employer could be in the program for failing to meet a limited number of standards. The updated criteria will broaden the program’s scope, with the possibility that additional industries will fall within its parameters.

The program, first introduced in 2010, has focused on enforcement and inspection resources on employers who either willfully or repeatedly violate federal health and safety laws or demonstrate a refusal to correct previous violations. OSHA said in addition to being included on a public list of the nation’s severe violators, employers are also subject to follow-up inspections.

The updated criteria include:

  • Program placement for employers with citations of at least two willful or repeated violations who receive failure-to-abate notices based on the presence of serious violations
  • Follow-up or referral inspections made one year after the final order
  • Potential removal from the program three years after receiving verification that the employer has abated all program-related hazards.
  • Employers’ ability to reduce time spent in the program to two years if they consent to an enhanced settlement agreement.

“The Severe Violator Enforcement Program empowers OSHA to sharpen its focus on employers who—even after receiving citations for exposing workers to hazardous conditions and serious dangers—fail to mitigate these hazards,” assistant secretary for Occupational Safety and Health Doug Parker said in a prepared statement.

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