What is the biggest OSHA fine? (2023)

What is the biggest OSHA fine ever?

On the last days of 2010, the US filed a complaint against BP and several other defendants alleged to be responsible for the spill. With more than 250 violations, BP was issued $81,340,000 in penalties which holds the record for the largest OSHA fine to date.

Willful violations are the most serious. The violation occurs when the employer knows there's a risk to employees and does nothing to resolve it.

Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this Act shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by ...

3. Respiratory Protection. Throughout the COVID-19 pandemic, thousands of employers were cited for failing to implement respiratory protection programs or provide appropriate PPE for workers.

Dollar General fined nearly $3 million in penalties for OSHA violations.

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

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.

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.

Are OSHA fines negotiable?

Most OSHA fines are negotiable, serving as leverage to get companies to comply with safety standards. And that compliance often is costly, especially for small companies.

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.

If you wish to contest any portion of your citation, you must submit a Notice of Intent to Contest in writing to the OSHA area office within 15 working days after receipt of the Citation and Notification of Penalty.

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.

Workers who complain have the right to have their names withheld from their employers, and OSHA will not reveal this information.

Where do the funds from OSHA fines go? There are no rewards or compensation paid to OSHA to issue fines to fund the agency and its operating expenses. Rather, all collected fines are sent directly to the U.S. Treasury's general fund.

Once the Investigation is Over

If a case is solved in favor of the complainant, OSHA will do its best to reward that individual under their protection program. Whistleblowers are usually entitled to anywhere between 15-30% of proceeds from a suit.

The 6-foot rule. Subpart M requires the use of fall protection when construction workers are working at heights of 6 feet or greater above a lower level.

Can you go to jail for not following OSHA?

Even first-time offenders under the OHSA may be sentenced to jail time if their offence is sufficiently egregious.

OSHA violation examples include inadequate training, missing or inadequate Safety Data Sheets, the lack of a written hazard communication program, and improper chemical labeling.

OSHA 30 is a 30-hour course that promotes workplace safety and health and improves workers' knowledge about occupational hazards. Getting an OSHA 30 certification is not a difficult process.

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.

If you are disciplined or fired for doing so, you can bring a discrimination case and/or an OSHA complaint. The Occupational Safety and Health Administration (OSHA) is a federal organization responsible for enacting workplace safety and health legislation in various industries across the United States.

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.

In a non-union workplace, the inspection is usually unaccompanied. The inspector is required to talk to a reasonable number of employees. The OSHA inspector can decide disputes about designation of employee representatives and can include others, such as union staff and technical experts.

A whistleblower complaint filed with OSHA cannot be filed anonymously. If OSHA proceeds with an investigation, OSHA will notify your employer of your complaint and provide the employer with an opportunity to respond.

What are the reasons for contesting an OSHA fine instead of simply paying the fine?

Reasons to Contest an OSHA Fine

These fines may cost thousands of dollars if you decide to pay them. Getting a citation reversed or resolving the problem may be much more affordable. Another reason you may consider contesting a fine is if you feel like you were improperly cited.

You will be given three attempts to pass an exam and must score at least 70% to pass. If you receive a failing grade three times on any one exam, it is considered a failure of the course. To retake the exam, you need to register for a new course and start from the beginning.

Under the other whistleblower laws, if the evidence supports an employee's complaint of retaliation, OSHA will issue an order requiring the employer, as appropriate, to put the employee back to work, pay lost wages, and provide other possible relief.

Agree to the citation, correct the condition by the date set in the citation and pay the penalty, if one is proposed. Disagree with the citation. You have 15 working days from the date you receive the citation to contest in writing the citation, the proposed penalty and/or the abatement date.

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.

Once they have reviewed all of the relevant evidence, OSHA will determine whether a whistleblowing violation has occurred. Sometimes, the agency will settle your dispute with your employer. A typical settlement could include remedies such as job reinstatement, or monetary damages.

Even though safety staff certified that the production area was fully compliant, employees have the right to file a complaint with OSHA when they believe working conditions are unsafe or unhealthful.

They have 3 attempts to pass the final exam at a 70% or better passing grade. Students must complete a course evaluation survey at the end of the final exam. If a student fails any of the quizzes or final exam after three attempts, they must restart the training in its entirety.

Employee Rights

Has a right to refuse to be interviewed by the compliance officer. In other words, an employee cannot be forced to have a private one-on-one interview. These interviews are totally voluntary.

Does OSHA have a 16 hour rule?

The Occupational Safety and Health Administration (OSHA) says that a normal work shift is no more than 8 consecutive hours in a day, with each shift split by at least 8 hours of rest.

While not a true OSHA “certification”, many employers will be looking for the OSHA 30-Hour qualification on your resume. That's especially true for openings in the construction field, though you'll also see it in job postings for general industry.

The students have 3 attempts to pass the final OSHA 30 exam. In case they fail all three attempts, they have to restart the entire training. If they pass the final exam, students receive a temporary card to certify that they have successfully graduated from the course.

The final exam for the online OSHA 30-Hour course has 100 questions and the online OSHA 10-Hour course has 40 questions. What score do I need to pass an OSHA course? OSHA courses only allow 3 attempts for all checkpoint exams, as well as the final exam. The final exam requires a minimum score of 70% to pass.