Occupational Safety & Health Administration

OSHA Announces Removal Criteria from Severe Violator Enforcement Program

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. The program includes i"ncreased OSHA inspections in these worksites, including mandatory OSHA follow-up inspections, and inspections of other worksites of the same employer where similar hazards and deficiencies may be present."

Generally, an employer may be considered for removal from the program by an OSHA Regional Administrator after:

  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, 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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