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Avoiding "Willful"OSHA Citations
Avoiding

A "willfull" violation is defined by OSHA as "one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations."   Depending on a variety of factors, inspections will conduct either a comprehensive or partial.inspection.  The consequences of such an inspection can be dramatic, especially if a willful violation is foundation and cited.

WHAT TRIGGERS AN OSHA INSPECTION:  

  • A reported situation presenting imminent danger to the health or safety of employees.
  • As the result of a fatality or other catastrophic event.
  • As a response to employee complaints.
  • As part of a regularly scheduled inspection.

In avoiding the willful misconduct that might give rise to your organization being cited, consider the following:

  • Does your organization have anything to gain by non-compliance?  Be careful not to sacrifice safety for goals or profitability.
  • Could your organization have known about safety hazards before an inspection? Make sure that you have documented and responded appropriately to any reports or safety concerns.
  • Is your company meeting the knowledge expectations of your industry or the organizational type's safety standards?  If you have been subject to industry or OSHA attention before, the standard for you may be much higher.

I am not in the legal business of advising people or organizations; this is given as a guide so that you may review your position with those who advise you concerning these matters. 

Last updated on Wed, 09/22/2004 - 22:25.
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