Don’t let OSHA violations turn into willful violation citations (with 10x fine penalties).
Comprehensive safety and health program assessments are beneficial because they identify non-compliance issues you may not have been aware of. They help your company prevent potential accidents and avoid unexpected fines.
However, EHS risk assessments also mean your company is now aware of any found violations and has a legal and moral duty to address them. Delaying corrective measures can increase the risk of accidents and escalate the severity of penalties.
A willful violation is not just a failure to comply with OSHA standards; it indicates a deliberate and intentional disregard for the law and employee safety. This typically includes situations where an employer was aware of a hazardous condition and chose to ignore it. The penalties for willful violations are significantly higher, with fines up to 10 times the original penalty for a standard OSHA violation.
The results of an exhaustive safety and health program assessment can be overwhelming. Regulations can be nuanced, and you may be unsure of what, when, and how to address some of the findings. The worst thing you can do is nothing. Doing nothing opens the door to willful violations. Here are recommended steps for proceeding after a risk assessment.
Ensure that senior management is aware of the findings and the associated risks of non-action. It’s important to communicate the findings to all relevant stakeholders, especially employees directly involved in areas where non-compliance was identified.
Next, recognize items that need urgent attention. Generally, items can be categorized as:
Understanding where your violations fit into this simple hierarchy can help you plan and allocate resources to resolving them.
You now need a plan for addressing each violation and risk. The plan should outline specific responsibilities and timelines and which individuals or teams are accountable for implementing corrective actions. A detailed (and thus effective) plan provides clarity to prevent oversights and ensures timely completion of prioritized tasks.
Importantly, expertise and knowledge of compliance regulations are essential to ensuring that the corrective actions achieve the objectives of compliance and, more importantly, result in safe workspaces for employees. In other words, who develops your plan matters.
As with most safety matters, documentation is critical because it provides evidence of your commitment to safety and compliance in the event of an inspection from OSHA or other regulatory bodies. It also allows you to monitor progress, ensuring that all steps are completed as planned, and enables adjustments if any part of the plan is ineffective.
Establish a system to monitor the progress of corrective actions. Use regular check-ins, progress reports, and status updates to ensure accountability. Document all actions taken to address the violations, including dates, personnel involved, and the nature of the corrections.
Part of any effective plan is a review process to determine its success in meeting objectives. If the overall plan is lengthy, review results at established intervals and, if required by law, report the violations and steps taken to address them to the relevant regulatory bodies.
EHS risk assessments can be similar to a health physical; sometimes you get bad news, but also the benefit of being aware of the issue(s) so you can start addressing them. Also similar to having a healthcare exam, you want a professional to conduct it so you trust both the results and the advice the doctor gives about resolving any red flags. Of course, a major difference is that avoiding red flags from an EHS assessment can cost you hundreds of thousands of dollars in fines!
As a full-service EHS consultant and provider, SITEX can not only conduct a full safety and health program assessment but also provide and execute the actions necessary to address the insufficiencies found in the assessment. Our experts can identify and prioritize gaps, properly document action plans to avoid costly willful violations, and ultimately ensure your company is providing a safe and compliant worksite for all employees.
For more about conducting or addressing a comprehensive EHS assessment for your safety and health program, contact a SITEX expert today.
SITEX saves lives. For over 35 years we’ve delivered safety services, environmental services, industrial hygiene expertise, rescue solutions and training, and rental equipment to ensure compliance, reduce risk, protect workers, and promote safety in every industry. We invest in highly trained personnel and technology so you don’t have to.
