Reducing OSHA Penalties for Employers Facing Safety Violations: SHRM-SCP Guidelines
In the realm of workplace safety, employers are expected to adhere strictly to health and safety standards set by the Occupational Safety and Health Administration (OSHA). Violations of these standards can lead to penalties, but employers can take proactive measures to reduce these penalties by demonstrating their commitment to correcting any issues.
OSHA has the authority to impose penalties for health and safety violations, which can range from minor to severe, depending on the nature and extent of the violation. To reduce OSHA penalties, employers should document their efforts to correct health and safety violations in a clear, thorough, and organized manner.
Key documentation includes the Certification of Corrective Action Worksheet, detailed records of hazard abatement, safety inspections and audits, employee communications and training, emergency response and compliance plans, correspondence with OSHA and regulatory authorities, and, if applicable, engagement of qualified OSHA counsel.
The Certification of Corrective Action Worksheet is filled out after a hazard has been abated, detailing the abatement date, methods used, and proof of hazard correction. This document must be submitted to the OSHA area office within 10 days of abatement and posted for employee review for three days.
Detailed records of hazard abatement, such as inspection reports, repair logs, and photographs of corrected conditions, verify that violations were addressed promptly. Regular internal safety inspections, audits, and compliance reviews that identify and mitigate hazards before OSHA intervention demonstrate an ongoing commitment to workplace safety.
Maintaining records of safety meetings, training sessions, and communications relayed to employees about workplace hazards and corrective actions taken solidify the employer's engagement with worker safety. Updated and clearly documented emergency response, safety, and health plans that reflect current OSHA standards, which are regularly reviewed and improved, also contribute to a strong paper trail.
Keeping copies of communications, settlement agreements, and abatement deadlines agreed upon with OSHA to evidence cooperation and timely response is also crucial. Involvement of legal counsel experienced in OSHA compliance can further support good-faith efforts by showing a serious approach to legal and procedural requirements.
By compiling these records, an employer can build a comprehensive case to present to OSHA, potentially mitigating penalties or achieving reductions during penalty assessments or appeals. Employers may even be able to get violations reduced from "Serious" to "Other-than-Serious," which also reduces penalties.
Employers should identify and assess hazards early, take prompt corrective actions, involve employees, and keep records of all efforts. The "quick-fix" reduction policy, which can reduce OSHA fines by up to 25%, is available to employers who proactively take steps to identify and fix safety hazards prior to an inspection.
In the event of a citation, employers can submit this evidence to OSHA as part of their response and may request an informal conference to discuss the situation, present their case for penalty reduction, and negotiate a settlement.
For employers aiming to excel in workplace safety and reduce potential OSHA penalties, it's beneficial to seek resources such as the SHRM Senior Certified Professional (SHRM-SCP) certification exam practice questions and answers, which are available free online and can help in passing the SHRM-SCP exam and earning SHRM-SCP certification.
- To minimize OSHA penalties, employers should present a well-documented and organized approach to correct health and safety violations, which might include the Certification of Corrective Action Worksheet, employee communication records, safety inspection reports, and emergency response plans.
- In the pursuit of promoting workplace-wellness and adhering to OSHA standards, employers can benefit from resources like the SHRM Senior Certified Professional (SHRM-SCP) certification exam practice questions and answers, which can aid in passing the SHRM-SCP exam and enhancing the overall understanding of health and safety within the workplace.
