Above Average Injury Rates Can Lead to Severe Violator Designation

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Last month, we reported on the federal Occupational Safety and Health Administration’s expansion of its Severe Violator Enforcement Program (SVEP). SVEP designation marks employers for a higher number of safety inspections along with increased penalties for repeated violations. An OSHA press release issued last month demonstrates how an employer can find itself subject to SVEP status.

The release describes fines issued to an Ohio musical instruments manufacturer following a finger-tip amputation. OSHA stated that this was the sixth amputation reported by the employer at this facility in the past eight years. According to the agency, employees at this facility were injured at four times the industry rate over the past five years. In addition to fining the company $273,477 for repeat lock-out/tag-out violations, OSHA placed the company in the SVEP.

The press release noted both the repeat citations and the high comparative injury rate as the basis for SVEP designation. If OSHA concludes that a company is not taking adequate measures over time to address repeated safety issues, the agency may view SVEP as the only way to get that employer’s attention.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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