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OSHA Increases Penalties for Safety ViolationsOSHA has announced the implementation of a new Severe Violator Enforcement Program and increasing civil penalty amounts. The changes are the result of a year-long OSHA study that found current assessed penalties “are too low to have an adequate deterrent effect,” according to the OSHA announcement. "For many employers, investing in job safety happens only when they have adequate incentives to comply with OSHA's requirements," said Assistant Secretary of Labor for OSHA Dr. David Dr. Michaels. "Higher penalties and more aggressive, targeted enforcement will provide a greater deterrent and further encourage these employers to furnish safe and healthy workplaces for their employees." The new Severe Violator Enforcement Program is intended to focus OSHA enforcement resources on recalcitrant employers who endanger workers by demonstrating indifference to their responsibilities under the law. This supplemental enforcement tool includes increased OSHA inspections in these worksites, including mandatory OSHA follow-up inspections, and inspections of other worksites of the same employer where similar hazards and deficiencies may be present. SVEP will become effective within the next 45 days. For more information, visit http://www.osha.gov/dep/svep-directive.pdf. "SVEP will help OSHA concentrate its efforts on those repeatedly recalcitrant employers who fail to meet their obligations under the Occupational Safety and Health Act. It will include a more intense examination of an employer's practices for systemic problems that would trigger additional mandatory inspections," said Michaels. The current maximum penalty for a serious violation, one capable of causing death or serious physical harm, is only $7,000 and the maximum penalty for a willful violation is $70,000. The average penalty for a serious violation will increase from about $1,000 to an average $3,000 to $4,000. Monetary penalties for violations of the OSH Act have been increased only once in 40 years despite inflation. The Protecting America's Workers Act would raise these penalties, for the first time since 1990, to 12,000 and $250,000, respectively. Future penalty increases would also be tied to inflation. In the meantime, OSHA will focus on outreach in preparation of implementing this new penalty policy. For more information on the penalty policy, visit http://www.osha.gov. KPA has already seen its effect at dealerships with a number of mentions made public through the press. ABC World News with Diane Sawyer and Nightline broadcasted an interview on April 28 with OSHA director Dr. David Michaels, saying “I think there are a lot of irresponsible employers who don’t ensure that workers are given safe work places in which to work. Fourteen deaths a day on the job is far too many.” They also aired a dramatic video of a fatal accident on the job. Very shocking and disturbing. Recent published citations include:
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