Kevin Lindley, Safety Consultant, FRSA Self Insurer's Fund
Are you aware that OSHA has increased their citations for the 2022 calendar year by $849 per violation over last year’s penalty amount? And, for a willful and repeat violation, OSHA has increased their maximum penalty amount by $8,495 over the 2021 rate. Citation penalties currently are set at $14,502 per violation and $145,027 for willful and repeat violations.
OSHA has six specific categories of violations.
1.A De Minimis Violation is a technical violation of OSHA rules that has no direct impact on health or safety.
2. Other-Than-Serious is a violation that has a direct relationship to job safety and health but probably would not cause death or serious physical harm.
3. Serious violations are where there is a substantial probability that death or serious physical harm could result and that the employer (business owner or manager) knew or should have known of the hazard.
4. Willful violation indicates that the employer intentionally and knowingly committed the violation. The employer either knows what he or she is doing constitutes a violation or is aware that a hazardous condition exists and has made no reasonable effort to eliminate it.
5. A Repeat violation of any standard, regulation, rule or order where, on re-inspection, a substantially similar violation is found and the original citation has become a final order within a five year timeline of the originally issued citation.
6. OSHA may also issue a citation for Failure to Abate for each day a correction is not made beyond a specified date of remedy within the original citation.
OSHA has officially opened their fourth Florida office in Orlando. They also have offices in Jacksonville, Tampa and Ft. Lauderdale. This is especially important for all contractors regardless of where they perform work as this additional office reduces the other offices’ territories while they each maintain the same number of field officers.
It is no surprise that OSHA compliance officers continue to focus on roofing contractors. We are the most visible, have the most types of safety exposures. Safety should not be forced upon field workers, rather it should be a culture within the company. FRSA members
contractors should go above and beyond safety compliance in the field. The quality of work needs to go beyond the workmanship: it must include a professional attitude toward safety that begins with the contractor and permeates to every employee in the office and in the field.
With increased violation penalties of this magnitude and increased focus in the state, it is easy to understand that more contractors are being visited this year than in years past. Contractors must do all they can to protect their employees and company. Roofing contractors must understand that we are often the most targeted for noncompliance. Excuses made by roofers regarding why they are unable to
meet the standards, manage the work or monitor safety are viewed by OSHA as an acknowledgment that they know better but refuse to find ways to provide a safe work environment for employees.
Protection comes first by training workers and providing the equipment necessary for them to perform their job in a safe manor. This means every worker must have documented training for the hazards they will be exposed to in the field, before they are sent to work in the field. The contractor must also provide the worker, free of charge, the safety equipment (fall protection system(s), hard hats, safety glasses, gloves, hearing protection, etc.) necessary to safely perform their work.
Although having a training program and providing the equipment to your field workers may not always avoid a citation, you’ll be able to avoid additional citations should workers in the field be observed working in a non-safe manor by an OSHA compliance officer. The expense of a penalty issued by OSHA is only the “tip of the iceberg” for a contractor. Violations will stay on the company record for five years, which could affect a company’s ability to obtain insurance, to be awarded new projects or work and the company’s reputation. Remember, safety is a big deal and should be a priority for each contractor.
The FRSA Self Insurer’s Fund (FRSA-SIF) has professional safety consultants throughout the state who are willing to provide SIF members with fall protection training as required by OSHA at no additional cost. To find out if you qualify for FRSA-SIF membership, please call 800-767-3772, ext. 206 or email alexis@frsasif.com. Please read more about the FRSA Self Insurers Fund by visiting their website, www.frsasif.com.
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