How to Get Off OSHA’s “Severe Violator” List

The U.S. Department of Labor's Occupational Safety and Health Administration published criteria for removing employers from the agency's Severe Violator Enforcement Program (SVEP). SVEP has been in effect since June 18, 2010, and is intended to focus agency resources on employers that demonstrate indifference to their responsibilities under the Occupational Safety and Health Act with willful, repeat or failure-to-abate violations.

On August 16, 2012, OSHA issued employer removal criteria from the SVEP program to all federal OSHA offices. Generally, an employer may be considered for removal from the program by an OSHA Regional Administrator after:

• A period of three years from the date of the final disposition of the SVEP inspection citation items including: 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.

In the event an employer fails to adhere to the terms and provisions of the agreement, the employer will remain in the program for an additional three years and will then be reevaluated.

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