Different Types of OSHA Violations and How to Prevent Them

Written by Staff Writer | Edited by Michael Purser

Safety rules aren’t just red tape. They’re the thin line between a smooth shift and an ambulance siren. Nobody wants to clock in to find an OSHA citation on their desk, but that’s always a possibility following an incident or an inspection.

The Occupational Safety and Health Administration (OSHA) doesn’t play around. The administration’s job is to protect workers. If a company cuts corners, OSHA can (and will) slap offenders with fines big enough to make a business owner think twice.

The better alternative? Stay on top of the rules, fold safety into everyday routines and avoid the mess altogether. Simple in theory, right?

Let's learn about common violations and find the perfect training course to keep your employees (and your business) safe.

Infractions and Their Definitions

Federal regulators use the law to encourage companies to create safe workplace cultures. And when encouragement fails, punishments may persuade business owners to change their ways.

By separating offenses into categories, regulators have the flexibility to identify issues, encourage improvement and, if necessary, take serious punitive measures, including fines. Penalties vary depending on the severity and frequency of the issue.

Note that categories don’t indicate the nature of the offense. A citation resulting from an unguarded edge and a forklift collision might both end up in the same category, despite vastly different causes and outcomes.

The maximum dollar amount for each category is set by federal law. Values are adjusted for inflation annually.

De Minimis

Out of the seven categories and examples of OSHA violations detailed in this article, de minimis is the least severe type of infraction. It identifies a problem and logs the incident for future reference. As long as the cited incident has no direct or immediate relationship to health or safety, no fine is applied.

Other-Than-Serious Violations

Regulators use this category when an issue is directly related to job safety and health but is not particularly dangerous. It works as a catch-all of sorts and is the most common OSHA violation.

Regulators have the option of reducing the fine by up to 95% if businesses demonstrate good-faith efforts to address the problem.

Serious Violations

This category is reserved for hazards that can result in serious injury or death. To qualify, employers must have been aware — or should have been aware — of the violation. Investigating these complaints is a top priority, especially when they result from a report of imminent danger.

Repeated Violations

This applies to situations in which a business has received one or more prior notifications of OSHA citations for the same, or materially similar, condition more than once in the past five years.

The administration uses this classification no matter how serious the previous offense was. These also incur some of the highest OSHA penalties. Fines can be almost 10 times higher than the original citation.

Failure to Abate Violations

This is another category used for ongoing issues. When employers fail to comply with the conditions outlined in an official inspection, such as refusing to make improvements within an allotted time frame, they begin to accrue failure-to-abate penalties.

Unlike the last three groups, these fines accrue every single day beyond the OSHA compliance abatement date until the issue is resolved.

Willful Violations

This designation applies whenever an employer knowingly fails to comply with legal requirements, flouts the law or acts indifferently to the safety of employees. Like the recurring violations mentioned above, these citations carry a massive punitive price tag.

Posting Requirements

When regulators send a business an OSHA Notice, that business must post the notice at or near the site of each violation. This ensures that workers know that the violation occurred. Businesses need to keep the post up for three working days or until the hazard is abated, whichever is longer.

Failing to adhere to this requirement can incur a fine of up to $16,550 per violation.

Equal Opportunity Violations

OSHA isn’t the only regulatory body with an interest in labor compliance. The Equal Employment Opportunity Commission (EEOC) keeps a watchful eye on a different set of issues.

Discrimination in the workplace can lead to big problems. The EEOC has rules for all sorts of protected classes, including race, religion, sex, age, disability and more. Cross a line and you’re in hot water.

Is discrimination always intentional? No. But intent is only one piece of the puzzle.

Just remember, training builds routines. Practice good routines. An ingrained rhythm keeps the workplace safe without anyone scrambling to check the rulebook every five minutes. Because chaos, as it turns out, is expensive.

Whistleblower Protections

Employees are one of the pillars of workplace safety. When properly trained and motivated, workers usually adhere closely to safe workplace practices. That allows managers and owners to focus on other administrative tasks instead of frequently monitoring workers for poor habits and dangerous behaviors.

Employees also see things from a perspective that administrators don’t. They are the first line of defense in identifying potential problems and current problems so they can be corrected. Workers need to feel safe to come forward and report hazards. That’s where whistleblower protection laws come in.

Unfortunately, some employers would rather prevent workers from notifying regulators of safety issues. Whistleblower laws protect workers from retaliation when they report problems that endanger people. Under the authority of the U.S. Department of Labor (DOL), these OSHA laws protect whistleblowers through multiple reporting channels, including online complaints, email, by phone and in person.

Attempting to retaliate against an employee who reports an unsafe workplace — including firing, laying off, demoting, denying overtime pay, denying a promotion, reducing pay and reducing hours — is strictly illegal.

Key provisions include the U.S. Department of State’s EEO/No FEAR Act and Whistleblower Protection Acts. EEO violations, No FEAR and Whistleblower Protection create a comprehensive network of laws that encourage fair, safe and equitable workplaces for all Americans.

Learn More About Safe Workplace Regulations

Even the most motivated managers and business owners may find it challenging to track all the different regulations that apply to their organization and each jobsite. That’s one reason why proper training on topics like accurate recordkeeping is so important.

OSHA Education Center is your go-to resource for workplace safety and compliance training. We offer a wide range of courses designed for everyone from fresh hires to seasoned managers. When you need to build your skills, refresh your knowledge or advance your career, we’ve got you covered.

Our courses are designed to meet your needs right now with accurate, informative and convenient coursework designed with you in mind. Our 100% online training allows you to:

• Learn on your smartphone, tablet or computer.
• Start and stop as needed. We save your progress automatically!
• Email an instructor with course questions.
• Instantly download and print your Certificate of Completion.
• Save more when you train more with bulk discounts.

Start your course today to prevent dangerous violations and costly citations!