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Failure to Report to OSHA Timely Could Cost Employers up to $7,000

As we reported earlier in 2016, OSHA fines are set to increase this year for the first time since 1990.  On March 4, 2016, OSHA released an Enforcement Memorandum regarding Revised Interim Enforcement Procedures for Reporting Requirements under 29 C.F.R. 1904.39.  The OSHA Enforcement Memorandum cites differences between the prior regulations and the current ones, defines reporting methods and required reporting information, breaks down the reporting/inspection process, and includes new failure to report penalties and enforcement flowcharts.

Regarding failure to report violations, the OSHA Enforcement Memorandum states “An Other-than-Serious citation will normally be issued for failure to report one or two in-patient hospitalizations, amputation or loss of an eye. The unadjusted penalty will be $5,000, unless superseded by a future policy revision.”  Previously, the unadjusted penalty was $1,000, representing a 400% increase.  However, the penalty could be increased as the memo goes on to state “If the Area Director determines that it is appropriate to achieve the necessary deterrent effect, the unadjusted penalty may be $7,000, unless superseded by a future policy revision.

Whether you need help with OSHA reporting, OSHA citations, a rapid response investigation, or OSHA inspections, call our experienced Certified Occupational Safety Specialist, Carl Habekost. On May 18, 2016 Carl will host the second webinar in our 2016 OSHA Webinar Series: The General Duty Clause & Multi-Employer Work Sites. Stay tuned for registration details!

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