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the violation; 2) the size of the resort, “number of employ- CLOSING
ees,” which can result in as much as a 70 percent reduc- Having an OSHA inspector come to your resort unannounced
tion of the penalty for a smaller resort; 3) the good faith of can be stressful. By making employee safety and health pro-
the employer, which can result in as much as a 25 percent grams a priority at your resort—which will also make it possi-
penalty reduction; and 4) the employer’s history of satis- ble for employees to honestly attest to that commitment—your
factorily addressing a previous violations, which can result chances of a smooth, uneventful inspection are very strong.
in up to a 10 percent penalty reduction. This option is for OSHA inspectors are highly trained professionals that
employers that have been inspected in the past five years come with authority vested upon them by our Congress.
by OSHA either nationwide or by an OSHA-approved Remain calm, and have open and honest dialect. Building
state plan, and were found to be in compliance or were not a trusting partnership between your resort and your OSHA
issued serious violations. area office is in your best interest. Sarcasm, insults, shar-
An employer may be cited for a repeated violation if ing negative personal feelings about OSHA, its mission, and
that employer has been cited previously for the same or a the government will not be appreciated—and will likely be
substantially similar condition or hazard within a five- noted in the CSHO’s report.
year period and the cita- Safety and health programs
tion has become a final in your resort have to be sup-
order by the Occupational Maximum Penalties for OSHA Workplace Violations ported by all directors, manag-
Safety and Health Review ers, and supervisors who lead
Commission. A citation TYPE OF VIOLATION Penalty Minimum-Maximum by example. Building an out-
may become a final order standing safety culture takes
by operation of law when Serious $5,335 to $12,471 per violation time, especially with seasonal
an employer does not con- Other-Than-Serious $0 to $12,471 per violation employees. Train, coach, and
test the citation, or pur- develop your resort’s employ-
suant to court decision or Willful or Repeated $8,908 to $124,709 per violation ees to put their safety and
settlement. The underlying health first at the beginning of
citation that the repeated Posting Requirements $12,471 per violation every day and every job task.
violation will be based on Management commitment to
must have become a final $12,471 per day unabated employee safety training—
order before the occur- Failure to Abate beyond the abatement date including employee involve-
rence or observation of the ment with the development of
second substantially simi- policies and procedures, SOPs,
lar violation. Repeat viola- and JHAs—builds employee
tion citations result in double the financial penalty. trust and establishes employee empowerment. This low-
“Willful citations” occur when an employer shows ers the chance of employee and guest injuries, which in turn
intentional disregard of violations or plain indifference. increases employee morale and retention as well as positive
Intentional disregard happens when an employer was aware guest experiences. And that means that more people will
of the requirements of the Act or of an applicable standard recommend your resort to others and come back for more
or regulation and was also aware of a workplace condition return visits.
or practice in violation of those requirements, but did not
abate the hazard. References:
“Plain indifference” violations occur when an • The Field Operations Manual (FOM) 08/02/2016
employer commits a violation with plain indifference to Directive #: CPL-02-00-160
employee safety and health where management officials • www.OSHA.gov
were aware of an OSHA requirement applicable to the
employer’s business but made little or no effort to com- John T. Barnard is a risk manager at Taos Ski Valley, Inc.,
municate the requirement to lower level supervisors and a former Senior Safety Compliance Officer and Whistleblower
employees, or when a company officials were aware of a Investigator, graduate of Rochester Institute of Technology, and
plainly obvious hazards. veteran of the US Navy.

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