OSHA’s Severe Violator List Expands

Ten Connecticut companies included

The most recent issue of OSHA’s Severe Violator Enforcement Program (SVEP) shows an increase to 423 companies being listed as violators. (See full list.) In 2010, OSHA instituted the Severe Violator Enforcement Program (SVEP) to more effectively focus enforcement efforts on recalcitrant employers who demonstrate indifference to the health and safety of their employees through willful, repeated, or failure-to-abate violations of the OSH Act. The program replaced the Enhanced Enforcement Program (EEP), an earlier program that the Office of the Inspector General (OIG) found to be an inefficient and ineffective means of identifying and addressing the most severe violators.

On the July list, construction companies continue to dominate making up 61% (257) of the cited companies. Unsurprisingly, the latest BLS data shows more deaths in this industry than any other. In stemming fatalities and other serious injuries, the program allows OSHA to increase its oversight of assigned employers. Companies can be removed from the list for the following reasons:

1. 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.
2. All affirmed violations have been abated, all final penalties have been paid, and 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.