Union Approach to Health and Safety: - United Steelworkers

desire to participate in any formal or informal conferences, and to elect party status if the
citation is contested.
Most violations are classified as either 'serious,' 'willful' 'other than serious' or 'repeated.'
Serious violation occurs when there is a substantial probability that the hazard could
cause death or serious physical harm. Penalties can range between $1,500 and $7,000 for
each violation classified as 'serious'. They are often toward the low end, however,
because the OSHA Area Director can adjust the fines downward by as much as 95%,
based on the employer's good faith efforts (whether they have a written health and safety
program and generally "clean" workplace), history of previous violations, and size of
business (smaller businesses can get large reductions).
A willful violation occurs when the employer is aware of the hazard, knows that it
violates OSHA standards, but still makes no reasonable effort to eliminate it. A willful
violation is "intentionally and knowingly" committed. Penalties range from $5,000 to
$70,000 for each willful violation. An employer whose willful violation results in the
death of an employee is subject to criminal prosecution, and up to six months in prison
and $250,000 fine (or $500,000 if a corporation) if found guilty. Criminal prosecutions
are rare, but can be very effective tools for mobilizing workers and deterring other
employers. Unions should aggressively pursue prosecution where a death occurs.
An 'other than serious' violation applies to a safety hazard that is unlikely to cause
death or serious physical harm. Penalties up to $7,000 may be imposed but are
discretionary. Usually no penalty is assessed.
A 'repeated' violation is a violation that is substantially similar to one the employer was
already cited for, even if at a different facility, in the previous three years. It carries a
fine up to $70,000 for each violation.
Employers can also be cited and fined for falsifying records, reports or applications,
and for violating posting regulations, including not posting the OSHA Notice, the
Annual Injury/Illness Summary, or a Citation.
The Citation: What You Can Do
If no citation is issued, meaning OSHA did not identify any violations, and you think
this is wrong:
Contact the OSHA Area Director and request an informal review of the
decision not to issue a citation. You can include the reasons you think their
decision is wrong. You can request to see the inspection file, including the
inspector's notes, test results, and closing conference report, to see if there
are any errors. Only the worker whose complaint initiated the inspection,
or the Union or other authorized employee representative, can request a
review.