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144 Introduction to OSHA
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Citations

The following general information on citations and penalties describes the types of violations and explains the actions the employer may take if they receive a citation as the result of an inspection. In settling a penalty, OSHA has a policy of reducing penalties for small employers and those acting in good faith. For more information on employer responsibilities, see OSHA Publication 3000, Employer Rights and Responsibilities.

Willful violation: A willful violation is cited when the employer intentionally and knowingly commits the violation. It is also cited when the employer commits a violation with plain indifference to the law.

Repeated violation: This violation is cited by OSHA when an employer commits the same or a similar violation that has occurred previously.

Serious violation: OSHA cites a serious violation where there is substantial probability that death or serious physical harm could result and that the employer knew, or should have known, of the hazard.

Other-than-serious violation: An other-than-serious violation is cited when the violation has a direct relationship to safety and health, but probably would not cause death or serious physical harm.

De Minimis: De minimis conditions are those where an employer has implemented a measure different from one specified in a standard, that has no direct or immediate relationship to safety or health. These conditions do not result in citations or penalties.

Failure to Abate : A failure to abate violation exists when a previously cited hazardous condition, practice or non-complying equipment has not been brought into compliance since the prior inspection (i.e., the violation remains continuously uncorrected) and is discovered at a later inspection.

Knowledge Check Choose the best answer for the question.

1-7. What type of violation is cited when there is substantial probability that death or serious physical harm could result?