OSHA Enforcement Guidance Issued | January 26, 2023
OSHA Enforcement Guidance Issued – Focus on Repeat Offenders
The Occupational Safety and Health Administration has issued a new enforcement guidance to make its penalties more effective in stopping employers from repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements.
OSHA Regional Administrators and Area Office Directors now have the authority to cite certain types of violations as “instance-by-instance citations” for cases where the agency identifies “high-gravity” serious violations of OSHA standards specific to certain conditions where the language of the rule supports a citation for each instance of non-compliance. There are several conditions that need to be considered. Firstly, lockout/tagout is one of the conditions that require attention. Secondly, machine guarding should also be given priority. Additionally, the condition of permit-required confined space needs to be addressed. Moreover, respiratory protection is another crucial aspect to be mindful of. Furthermore, falls should be taken into consideration when evaluating workplace safety. Trenching is yet another condition that requires careful attention. Lastly, it is important to note the specific recordkeeping violations applicable in cases of other-than-serious nature.
Discourage Non-Compliance
The change is intended to ensure OSHA personnel are applying the full authority of the Occupational Safety and Health Act (OSHA Act) where increased citations are needed to discourage non-compliance. The new guidance covers enforcement activity in general industry, agriculture, maritime and construction industries, and becomes effective 60 days from Jan. 26, 2023.
Issue Separate Citations
In a second action, OSHA reminded its Regional Administrators and Area Directors of their authority not to group violations, and instead cite them separately to more effectively encourage employers to comply with the intent of the OSHA Act.
The existing guidance on instance-by-instance citations are outlined in the OSHA Field Operations Manual, and CPL 02-00-080, “Handling of Cases to be Proposed for Violation-by-Violation Penalties.” In addition, for more information, please visit OSHA’s Enforcement website and press release.
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