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The Occupational Safety and Health Administration (OSHA) COVID-19 vaccination and testing emergency temporary standard (ETS) has specific measures that the employer must implement. These measures will make it easier for OSHA to determine whether an employer has intentionally disregarded its obligations or exhibited a plain indifference to employee safety or health. In such instances, OSHA can classify the citations as “willful” allowing it to propose higher penalties with increased deterrent effects.
OSHA has also adopted its “egregious violation” policy to impose large penalties to act as deterrents against bad-actor employers that willfully disregard their obligation to protect their employees when certain aggravating circumstances are present. OSHA would have the authority to issue a separate penalty for each instance of noncompliance with an OSHA standard.
Below is an overview of the penalties employers may be required to pay for ETS citations, subject to OSHA’s discretion.
|
Type of Violation |
Penalty |
|
Serious Other-than-Serious Posting Requirements |
$13,653 per violation |
|
Failure to Abate |
$13,653 per day beyond the abatement date |
|
Willful or Repeated |
$13,653 per violation |
Download the bulletin for more details.
This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.
National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.
