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Egregious Violations

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Running head: EGREGIOUS VIOLATIONS 1
Egregious Violations
Name
Institutional Affiliation

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EGREGIOUS VIOLATIONS 2
Potential for Multiplied Penalties for Egregious Violations
OSHA usually proposes just one penalty when it finds more than one incidences of a
violation. Regardless of the number of same violations that exist or the number of workers who
were exposed to a similar or same violation, OSHA has always utilized the one penalty
technique. However, under the “egregious violations” policy (currently known as the “violation
by violation” policy) that was formulated in the year 1986, OSHA inspectors are instructed to
cite employers for numerous breaches of the same standard in the case where the employer has
authenticated one or more of the characteristics stated. These characteristics include an extensive
history of previous violations, a worksite catastrophe, and employee fatalities, or a vast number
of serious illnesses or injuries happen, bad faith (a plain disregard of requirements or standards)
and deliberate disregard of safety and health responsibilities. Other characteristics are a violation
that causes high rates of employee illnesses and injuries persistently, and that the number of
worksite violations significantly undermines the efficiency of the present health and safety
program (Bailey, 2008).
A good example of this could be a company failing to install safeguards on five same
machines. Ordinarily, the employer would be cited for a single violation, and not five, regardless
of whether five employees or one employee used the machines. However, under the “egregious”
rule, the commission could treat each incident as a distinct violation. Therefore, this policy is
extremely beneficial to a lot of employers and employees. It is an effective way of ensuring that
employers are keen on ensuring safety in their workplace. At the same time, it benefits
employees as it helps ensure that the company maintains maximum safety due to the fear of
multiplied penalties (Bailey, 2008).

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Running head: EGREGIOUS VIOLATIONS 1 Egregious Violations Name Institutional Affiliation EGREGIOUS VIOLATIONS 2 Potential for Multiplied Penalties for Egregious Violations OSHA usually proposes just one penalty when it finds more than one incidences of a violation. Regardless of the number of same violations that exist or the number of workers who were exposed to a similar or same violation, OSHA has always utilized the one penalty technique. However, under the “egregious violations” policy (currently known as the “violation by violation” policy) that was formulated in the year 1986, OSHA inspectors are instructed to cite employers for numerous breaches of the same standard in the case where the employer has authenticated one or more of the characteristics stated. These characteristics include an extensive history of previous violations, a worksite catastrophe, and employee ...
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Anonymous
Awesome! Perfect study aid.

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