Criteria outlines exit strategy for employers under special scrutiny

Employers targeted for their indifference to responsibilities under the OSH Act now have a way out of a special program. The government has published the criteria required for removal from the Severe Violator Enforcement Program.

The SVEP has been in effect for two years and focuses OSHA's resources on employers that "demonstrate indifference to their responsibilities under the Occupational Safety and Health Act with willful, repeat or failure-to-abate violations," according to the agency. So far, 288 inspections have been designated as SVEP inspections.

Enforcement actions for severe violator cases include mandatory follow-up inspections, increased company/corporate awareness of OSHA enforcement, corporatewide agreements (where appropriate), enhanced settlement provisions, and federal court enforcement.

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Specifically, the program targets high-emphasis hazards which include fall hazards and specific hazards identified from selected National Emphasis Programs.

Last year, officials began evaluating the program and establishing procedures to remove employers from it. The published criteria, which went into effect last month, says an employer may be considered for removal after:

A period of three years from the date of the final disposition of the SVEP inspection citation items. Final disposition may occur through failure to contest, settlement agreement, 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.

Employers that fail to adhere to the terms and provisions of the agreement will remain in the program for an additional three years and will then be reevaluated.

Read more at the WorkersComp Forum homepage.

September 27, 2012

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