Exam 13: Risk Management and Worker Protection

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Many types of violations are cited by the Occupational Safety and Health Administration (OSHA). Ranging from the most severe to minimal, including a special category for repeated violations, the most common are as follows:
Imminent danger: When there is reasonable certainty that the condition will cause death or serious physical harm if it is not corrected immediately, an imminent danger citation is issued, and the inspector posts a notice. Imminent danger situations are handled on the highest-priority basis. If the condition is serious enough and the employer does not cooperate, a representative of OSHA may obtain a federal injunction to close the worksite until the condition is corrected. The absence of guardrails to prevent employees from falling into heavy machinery is one example of an imminent danger.
Serious: When a condition could probably cause death or serious physical harm, and the employer should know of the condition, OSHA issues a serious violation citation and may impose a fine up to $12,934 per violation, taking inflation into consideration. Examples of serious violations are the absence of a protective screen on a lathe and the lack of a blade guard on an electric saw.
Other than serious: Violations that could impact employees' health or safety but probably would not cause death or serious harm are called other than serious. Violators may be fined up to $12,934 per violation, accounting for inflation. Having loose ropes in a work area might be classified as an other-than-serious violation.
De minimis: A de minimis condition is one not directly and immediately related to employees' safety or health. No citation or fines are issued, but the condition is mentioned to the employer. Lack of doors on toilet stalls is a common example of a de minimis violation.
Willful and repeated: Citations for willful and repeated violations are issued to employers that have been previously cited for violations. If an employer knows about a safety violation or has been warned of a violation and does not correct the problem, a second citation is issued. The penalty for a willful and repeated violation can be high, up to $129,336 per violation based on estimated inflation.

Correct Answer:

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Standards for personal protective equipment (PPE) require that employers analyze job hazards, provide adequate PPE to employees in hazardous jobs, and train them in the use of PPE items. Common PPE items include safety glasses, hard hats, and safety shoes. Employers are required to provide PPE to all employees (at no cost) who work in an environment that presents hazards or who might have contact with hazardous chemicals and substances on the job. Some courts have ruled that employees are entitled to be paid for the time it takes to put on and take off protective equipment, while others have ruled that they are not entitled to pay. Claims of this nature are case specific, and no broad generalizations can be made. If a company requires significant "donning and doffing" for safety purposes, managers should work with HR to determine if payment is warranted.