Occupational Safety and Health: Penalties for Violations Are Well Below Maximum Allowable Penalties
HRD-92-48
Published: Apr 06, 1992. Publicly Released: Apr 06, 1992.
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Highlights
Pursuant to a congressional request, GAO reviewed how the Occupational Safety and Health Administration (OSHA) sets and reduces workplace safety and health violation penalties, focusing on: (1) how much OSHA actually assesses for violations; (2) whether proposed penalties and reductions were about the same across regions and at the different administrative and judicial review levels; and (3) whether the OSHA policy of penalty reductions to avoid litigation achieves its goal of quicker and better abatement of cited hazards.
Recommendations
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| Because Congress set forth the four factors to be considered in determining penalties, it may wish to consider amending the act to require that the benefit to the employer from noncompliance also be a factor used in setting penalties. | Congress does not intend to consider this recommendation. |
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Administrative remediesAgency proceedingsEnvironmental administrative lawFines (penalties)Health hazardsLaw enforcementNoncomplianceOccupational safetySafety standardsWorking conditions