Search

OSHA Expands Penalty Policy for First Time Since 1990

Posted on 1/26/2023 by Nick Waldron

An aggressive OSHA penalty policy is expanding to cover a wider range of employer health and safety violations in about 55 days. 

“Instance-by-instance” or "IBI" penalty adjustments are a tool that OSHA enforcement personnel can use to cite and assess penalties for each instance of a workplace health & safety violation separately. Since introducing the policy in 1990, OSHA has used instance-by-instance citations for only the most egregious, willful employer violations.

OSHA now aims to apply IBI penalties to “achieve an additional deterrent effect” for noncompliance with some of the most frequently violated Standards in general industry, maritime, agriculture, and construction industry workplaces, according to an agency memo and a statement from OSHA’s Administrator.

The supercharged enforcement policy may now be applied to “high-gravity serious violations” of requirements related to:

  • Falls
  • Machine guarding
  • Respiratory protection,
  • Permit required confined spaces,
  • Lockout/tagout, and
  • Trenching. 

Other-than-serious violations related to recordkeeping will also be considered for instance-by-instance citations from OSHA. The policy expansion was announced on January 26 and will take effect sixty days later, on March 27, 2023. 

What is an OSHA Instance-By-Instance Citation?

Normally if an OSHA inspector discovers multiple similar violations at a workplace, or a series of violations that contribute to the same unsafe condition, those violations could be grouped together into one citation.

When OSHA applies the instance-by-instance penalty adjustment, those same related violations are cited separately, instead.

Instead of one citation for failure to have lockout/tagout controls when required, OSHA may cite the employer separately for each and every machine that lacks hazardous energy controls.

Instead of one citation for failure to provide respiratory protection training or complete required medical evaluations, OSHA may cite the employer separately for each employee who was not trained and evaluated. The result is more citations, adding up to more civil penaltiespenalties that increase annually to keep pace with inflation

When Will OSHA Use the New Policy?

OSHA officers are encouraged to apply instance-by-instance penalty adjustments to deter employers from endangering their workers or otherwise violating OSHA Standards.

According to OSHA, the decision to utilize IBI citations should normally consider one or more of these factors:

  • The employer has received a willful, repeat, or failure to abate violation within the past five years where that classification is current;
  • The employer has failed to report a fatality, inpatient hospitalization, amputation, or loss of an eye pursuant to the requirements of 29 CFR 1904.39;
  • The proposed citations are related to a fatality/catastrophe; or
  • The proposed recordkeeping citations are related to injury or illness(es) that occurred as a result of a serious hazard.

It should be noted that the utilizing the policy is not all-or-nothing—if the employer has multiple violations, OSHA may choose which violations to cite instance-by-instance and which to group.

When issued to employers, instance-by-instance citations will be subject to an extensive review process. If approved, the IBI citations will be issued and OSHA will issue a press release to serve as a further deterrent to noncompliance.

Workplace Safety Training for Frequently Cited Hazards

Beef up your knowledge of the OSHA Standards that may now be subject to instance-by-instance penalties.

Lion’s online OSHA safety training covers key requirements for employers and can help to satisfy employee training requirements found in many of OSHA’s most broadly applicable Standards.

Check out Lion.com/OSHA for a full range of convenient online safety training that includes Lion Membership for ongoing regulatory compliance support.

Try the 10 Hour Training for General Industry workers to get a sense of the most common hazards in general industry, and what OSHA requires from employers.

Tags: 29 CFR, enforcement, osha, safety

Find a Post

Compliance Archives

Lion - Quotes

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

The workshop covered a lot of information without being too overwhelming. Lion is much better, more comprehensive than other training providers.

George Alva

Manufacturing Manager

I attended training from another provider and learned absolutely nothing. Lion is much better. Hands down.

Nicole Eby

Environmental Specialist

Amazing instructor; real-life examples. Lion training gets better every year!

Frank Papandrea

Environmental Manager

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

Download Our Latest Whitepaper

A guide to developing standard operating procedures, or SOPs, that help you select, manage, and audit your hazmat agents and contractors.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.