Types of Violations — There are six types of OSHA
violations:
De Minimis, Non-Serious,
Serious, Willful, Repeat and Criminal. Each is defined as follows:
• De Minimis Violation — A De Minimis Violation is one in which there is no
direct or immediate relationship to safety or health (i.e., an employer
complies with the clear intent of the standard, but deviates from its
particular requirements in a manner that has no direct relationship to safety
or health).
• Non-Serious Violation — A Non-Serious Violation is more severe than a De
Minimis Violation, but less severe than a Serious Violation. There must be a
direct and immediate relationship between the violation and safety or health,
but no substantial risk of death or serious injury.
• Serious Violation — A Serious Violation occurs when there is a substantial
probability that death or serious physical harm could result (probability
refers to the degree of injury, not the likelihood that the event should occur).
The accident need only be possible, and not a probable consequence of the
violation.
• Willful Violation — If an employer has intentionally disregarded or is
plainly indifferent to the Act’s requirements (virtually any time a violation
is not negligent or accidental), a Willful Violation has occurred.
• Repeat Violation — A Repeat Violation has occurred when a substantially
similar violation has previously occurred (usually within the three years prior
to the current violation) at the facility or establishment. A Repeat Violation
differs from a Willful Violation in that it may result from an inadvertent,
accidental or negligent act.
• Criminal Violation — Willful Violations resulting in a death and/or
knowingly making false statements, representations or certifications are all
Criminal Violations. There is also the Failure to Abate Violation, which is a
violation where an employer failed to correct a hazard that was recognized in a
previous inspection.
Contesting a Citation Penalty — To contest a citation, a written Notice of
Intention to Contest must be filed with the OSHA area director within 15 days
of receipt. Unless a citation is properly contested, it will become final
within 15working days after receipt.
In virtually all cases where
a citation has been issued, whether or not a facility has decided to contest
it, it will probably be appropriate to hold an informal conference with OSHA’s
assistant regional director to discuss the matter.
This conference should be
requested and conducted prior to expiration of the 15-day period. Even if the assistant regional director determines
that a violation occurred, the class of violation and/or the penalty may be
reduced as a result of the conference. If the assistant regional director agrees
to a violation/penalty reduction or any change to the citation, a settlement
agreement will be forwarded for completion.
