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What are the circumstances for Administrative Citations of $5,000 fine?

User BNazaruk
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Final answer:

OSHA issues fines up to $7,000 for serious violations and up to $70,000 for repeat or willful violations. Employers can contest citations, while workers can contest the resolution timelines. Other government agencies may impose higher fines for various violations.

Step-by-step explanation:

When an employer is found to be in violation of OSHA standards, they can be subject to Administrative Citations and fines. The severity and circumstances surrounding the violation have significant bearing on the fines issued. For a serious violation of OSHA rules, the maximum fine can reach up to $7,000, while repeat or willful violations may incur fines up to $70,000. As the fines are determined, factors such as the gravity of the offence, business size, good faith, and violation history are considered.

Employers are entitled to contest the citations and any proposed penalties, and may appeal to the Occupational Safety and Health Review Commission (OSHRC). In contrast, workers can only contest the timeline for corrective measures. Notably, the OSHA fines are generally lower compared to penalties from some other government agencies, which can impose fines ranging from tens of thousands to millions of dollars for violations.

It is important to understand that fines for legal infractions can be subject to intense legal scrutiny and are sometimes upheld by the court system, although the historical trend suggests that it is rare for fines to be struck down as excessive. When considering the imposition of fines, the courts aim to avoid penalties that represent a deprivation of property without due process of law or are grossly disproportionate to the gravity of the offence.

User Hodson
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