WorkNEWS October 2012 – OSHA Removal Off the Severe Violator List
OSHA Publishes Removal Criteria so Employers Can Get Off the Severe Violator List
Published by EHS Today – Sandy Smith
We know how companies get entered into OSHA’s Severe Violator Enforcement Program, but how do they get out of it?
OSHA’s Severe Violator Enforcement Program (SVEP) has been in effect since June 2010. The program focuses agency resources on employers who demonstrate what OSHA terms “indifference” to their responsibility to provide a safe workplace. The employers in SVEP have received willful, repeat or failure-to-abate violations.
Sometimes, being placed on the list acts as a wake-up call for employers, who turn their safety efforts around and improve working conditions for employees. OSHA, acknowledging that safety can improve, on August 16 published criteria for removing employers from SVEP. Except in cases where national corporate-wide settlements are involved, approval of the employer’s removal will be at the discretion of the regional administrator or designee and will be based on an additional follow-up inspection and IMIS/OIS data.
Removal criteria from OSHA’s SVEP program has been issued to all federal OSHA offices. Generally, an employer may be considered for removal from the program by an OSHA regional administrator after:
- A period of 3 years from the date of the final disposition of the SVEP inspection citation items including: failure to contest, settlement agreement, Occupational Safety and Health Review Commission final order or court of appeals decision.
- All affirmed violations have been abated, all final penalties have been paid, the employer has abided by and completed all settlement provisions and has not received any additional serious citations related to the hazards identified in the SVEP inspection at the initial establishment or at any related establishments.
In the event an employer fails to adhere to the terms and provisions of the agreement, the employer will remain in the program for an additional 3 years and will then be reevaluated.
OSHA news release on the topic:http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=22875