OSHA Violations and Penalties Review

Flashcards covering OSHA violation details, penalty calculation, reduction factors (history, good faith, size), and contesting procedures.

Probability affects the of a violation but not its classification.

penalty/fine

A higher probability of injury is judged by factors such as the number of employees involved, frequency of exposure, employee proximity to hazardous conditions, availability of medical surveillance programs, and of workers.

youth and inexperience

The human brain typically fully develops around the age of , which influences risk-taking behavior.

25-26

The Gravity Based Penalty (GBP) is determined by assessing the and of a violation.

severity; probability

The highest Gravity Based Penalty (GBP) is assigned when there is severity and probability.

high; greater

After establishing the Gravity Based Penalty (GBP), OSHA applies penalty reduction factors based on company history, company good faith, and company .

size

OSHA's total penalty reductions for a violation will never exceed %.

100

A company's history can result in a plus or minus % adjustment to penalties, based on a -year lookback period for prior citations.

10; five

A good faith adjustment can reduce an OSHA penalty by to %.

15; 25

To receive a good faith adjustment, a company typically needs to have a written program or a comprehensive safety program.

safety and health management

Good faith adjustments are for high gravity serious violations.

not applicable

Good faith adjustments are not applicable for a willful repeated to abate violation.

failure

Companies with 1 to 10 employees can receive a maximum penalty reduction of % based on company size.

70

Companies with 11 to 25 employees can receive a maximum penalty reduction of % based on company size.

60

Employers have working days to contest an OSHA citation.

fifteen

When contesting an OSHA citation, an employer can challenge the amount, the abatement date, or the itself.

violation

The first step in calculating an OSHA penalty is to determine the violation's (e.g., serious, OTS, willful, repeat, failure to abate).

classification

After determining the classification and applying the Gravity Based Penalty (GBP), OSHA then adjusts the penalty using factors like size, history, and .

good faith