When first reviewing a workplace safety citation issued by the Occupational Safety and Health Administration, employers dread receiving violations categorized as "repeat serious." As noted in last week’s EmployNews, fines for repeat citations are calculated at 10 times that for initial violations. Continuing repeat violations can result in escalating fines and even placement of the employer in OSHA’s Severe Violator Enforcement Program.

The first reaction of an employer that receives an OSHA citation is to determine what situation caused that compliance issue and to fix it. However, this focused approach may not be sufficient to avoid a later repeat serious citation. OSHA may classify violations as repeat even if they occur at a different facility operated by the employer, and even if they involve different equipment or somewhat different workplace hazards. For example, OSHA cites a company for a machine guarding violation involving a punch press at its Alabama facility. The company is surprised two years later when a guarding citation involving a grinder at its Michigan facility is classified as repeat.

In order for OSHA to maintain a repeat classification, it must demonstrate that the two situations involved the same general hazard to employees. Using the above example, the two alleged guarding violations presented entanglement dangers even if these hazards arose from different machine configurations and operator practices. If the two situations are substantially similar, the employer is considered placed on notice of the need to address the differing safety hazards.  

OSHA can use final citations issued within three years as the basis for a repeat violation. When an employer accepts an OSHA citation, its remedial actions should include a thorough review of all potentially similar situations presented at any of its U.S. facilities. Failure to take this broader approach toward hazard abatement can result in unpleasant regulatory surprises.

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