Employer Responsibilities:
Employers' must:
- provide a workplace free from recognized hazards and comply with OSHA standards
- provide training required by OSHA standards
- keep records of injuries and illnesses
- provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records
- not discriminate against workers who exercise their rights under OSHA (Section 11(c))
- post OSHA citations and abatement verification notices
- provide and pay for personal protective equipment
Inspections:
OSHA conducts inspections without advance notice, except in rare circumstances. Indeed, anyone who tells an employer about an OSHA inspection in advance may receive fines and a jail term.
Violations:
- Willful: A willful violation is a violation that the employer intentionally and knowingly commits or a violation that the employer commits with plain indifference to the law. OSHA may levy penalties of up to $70,000 for each willful violation, with a minimum penalty of $5,000.
- Serious: A serious violation is a violation where death or serious physical harm would likely result from the hazard, and where the employer knew, or should have known, about the hazard. There is a mandatory penalty of up to $7,000 for serious violations.
- Other-than-Serious: An other-than-serious violation is a violation that has a direct relationship to safety and health, but probably would not cause death or serious physical harm. OSHA may levy a penalty of up to $7,000 for each other-than-serious violation.
- Repeated: A repeated violation is a violation that is the same or similar to a previous violation. OSHA may levy penalties of up to $70,000 for each repeated violation.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
