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MNOSHA Compliance: Inspection citations and penalties

The investigator prepares a report of inspection findings, including the basis for all proposed citations and penalties.

Citations

Citations inform the employer and employees of the OSHA standards that are alleged to have been violated and of the date by which they must be abated. The employer will receive a Citation and Notification of Penalty by certified mail. The employer must post a copy of each citation at or near the place a violation occurred, for 20 days or until the violation is corrected, whichever is longer.

Penalties

Penalties are based on the severity and probability of injury that is likely to result from an employee being exposed to the cited hazard. 

Penalty credits

A penalty for a violation may be credited depending on the employer’s good faith, size of business and previous violation history. Learn more about OSHA penalty credits.

The following are the types of violations that may be cited by MNOSHA and the penalties that may be proposed.

Nonserious violation

A violation is classified as nonserious where only a minor injury or illness has resulted or would reasonably be expected to result from an employee’s exposure to a violation of a standard. Penalties for nonserious violations generally range from $0 to $1,000, although the law allows for up to $15,625 to be assessed.

Serious violation

A violation is classified as serious where death or serious physical harm has resulted or would reasonably be expected to result from an employee’s exposure to a violation of a standard. Penalties for serious violations generally range from $1,500 to $16,131, the maximum permitted by law.  

Willful violation

A violation that exposes employees to harm that the employer intentionally and knowingly commits is classified as a willful violation. To cite a willful violation, the investigator must collect evidence that the employer is aware a hazardous condition exists, knows the condition violates a standard or other obligation of the OSH Act and does not make a reasonable effort to eliminate it. Penalties of up to $161,323 may be proposed for each willful violation. The minimum willful penalty is $11,524 for employers with more than 50 employees. Employers with 50 or fewer employees and any type of willful violation will be assessed an adjusted willful penalty of not less than $11,524. No credits will be given for good faith on a willful violation.

Repeated violation

A serious or nonserious violation that exposes employees to harm may be cited as a repeated violation where, upon reinspection, the same standard or a substantially similar standard has been found to have been violated at the same establishment within a five-year period and the original citation has become a final order. Repeated violations can bring a fine of up to $161,131 for each such violation.

Failure to abate violation

A failure to abate a prior violation may bring an additional failure to abate violation penalty of up to $16,131 for each day the violation continues beyond the prescribed abatement date.

Fatality penalty

If any serious, willful, repeated or failure to abate violation causes or contributes to the death of an employee, the minimum total nonnegotiable fine that must be assessed for all citations connected to the death of an employee is $50,000 if there is a willful or repeated violation and $25,000 if there is no willful or repeated violation.

The exception is violations of the General Duty Clause (Minnesota Statutes 182.653, subd. 2), which carry a maximum penalty of $25,000. Employers with fewer than 50 employees and no willful or repeated violations may be eligible for a four-year extended payment plan and possible waiver of part of the $25,000 penalty. For these employers, the fine may be waived entirely if the fatality victim owned or held a controlling interest in the business or enterprise.

How MNOSHA conducts inspections