Can you go to jail for not following OSHA? (2023)

What happens if you don't follow OSHA?

Any employer who violates any of the posting requirements, as prescribed under the provisions of this Act, shall be assessed a civil penalty of up to $7,000 for each violation.

If OSHA discovers that false statements or documents have been made or submitted, it will consider referrals to the US Department of Justice for criminal prosecution in appropriate cases.

Types of Violations

SERIOUS: A serious violation exists when the workplace hazard could cause an accident or illness that would most likely result in death or serious physical harm, unless the employer did not know or could not have known of the violation.

If you fail the course three (3) times you will be locked out, and not permitted to take another OSHA course online.

Protection from Retaliation

It is illegal for an employer to fire, demote, transfer or otherwise retaliate against a worker who complains to OSHA and uses their legal rights. If you believe you have been retaliated against in any way, file a whistleblower complaint within 30 days of the alleged retaliation.

Imminent danger situations – hazards at your facility that could cause death or serious injury. If an inspector views potential issues driving past your location, or receives a tip of imminent danger, then expect a visit.

OSHA evaluates each complaint to determine how it can be handled best--an off-site investigation or an on-site inspection. Workers who would like an on-site inspection must submit a written request.

OSHA officials can order work to stop if they find a severe risk on-site, but contrary to popular belief, they don't have the authority to shut down a business entirely. Only a court order can do that.

From a legal perspective, the most important thing to remember is that OSHA regulations are law, and there can be serious repercussions if you are found to be noncompliant.

Does OSHA give warnings?

De Minimum Violation: The least severe of all the potential violations, the OSHA will issue a verbal warning, citation, or notice when a specific requirement is not technically compliant. OSHA will make a note in your safety file, but most of the time, there will not be any penalties.

If you disagree with the citation, you must contest it in writing to OSHA within 15 working days from the day you receive the citation (this letter is called a “Notice of Intent to Contest”). If you do not contest within this window, your citation will become a final order not subject to review by any court or agency.

(2) A person who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not-exceeding one thousand ringgit or to imprisonment for a term not exceeding three rnonths or to both.