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OSHA’s violation penalty structure is based on a number factors, including the type of violation as well as the employer’s size, history, and good faith.
Under the OSH Act, employers should:
During an OSHA inspection, the compliance officer will have looked for violations of OSHA standards (or of the employer’s General Duty obligation under the OSH Act). After the inspection, the compliance officer makes recommendations to the OSHA Area Office director regarding any alleged violations.
The OSHA Area Director is the person who actually determines if citations will be issued. OSHA must issue a citation and proposed penalty within six months of the violation’s occurrence. The citation will arrive via certified mail.