OSHA Adds “Instance-By-Instance” Citation Policy
On January 26th, the Occupational Safety and Health Administration (OSHA) issued new enforcement guidance allowing “instance-by-instance” citations for “high-gravity” serious violations of several agency standards. Regional administrators and area office directors will have the authority to issue instance-by-instance citations for violations of fall protection, lockout/tagout, machine guarding, permit-required confined space, respiratory protection, and trenching standards, as well as for cases with other-than-serious violations of recordkeeping requirements. The new policy becomes effective March 27th.
In a separate enforcement memorandum, the agency reminded regional administrators and area office directors of their authority not to group violations but instead to cite them separately.
Table 1 summarizes the minimum and maximum amounts for proposed civil penalties:
| Type of Violation | Penalty Minimum | Penalty Maximum |
| Serious | $1,036 per violation | $14,502 per violation |
| Other-Than-Serious | $0 per violation | $14,502 per violation |
| Willful or Repeated | $10,360* per violation | $145,027 per violation |
| Posting Requirements | $0 per violation | $14,502 per violation |
| Failure to Abate | N/A | $14,502 per day unabated beyond the abatement date [generally limited to 30 days maximum] |