OSHA Severe Violator Enforcement Program (SVEP)

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Posted in: Commercial Insurance, Compliance, Human Resources, Risk Management, Safety

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) adopted the Severe Violator Enforcement Program (SVEP) in 2010 to do the following:

In 2015, OSHA expanded the SVEP to include upstream oil and gas hazards as “high-emphasis hazards.”

 

SVEP Enforcement Instruction

The SVEP is intended to focus OSHA’s enforcement efforts on significant hazards and violations that endanger employees. The program targets fall hazards, amputation dangers, combustible dust, exposure to silica, trenching and excavations, and shipbuilding hazards. The SVEP applies to all employers, regardless of size.

Under the SVEP, OSHA will concentrate inspection resources on employers who have demonstrated resistance or indifference to their OSH Act obligations by committing willful, repeated or failure-to-abate violations in one or more of the following circumstances:

  1. A fatality or catastrophe situation;
  2. In industry operations or processes that expose employees to the most severe occupational hazards and those identified as high-emphasis hazards;
  3. Exposing employees to hazards related to the potential release of a highly hazardous chemical; or
  4. All egregious enforcement actions.

SVEP procedures are intended to increase attention on the correction of hazards found in these workplaces, including mandatory OSHA follow-up inspections and, where appropriate, in other nationwide work-sites of the same employer where similar hazards and deficiencies may be present. SVEP procedures include a more intense examination of an employer’s practices for systemic problems that would trigger additional mandatory inspections.

For a complete copy of OSHA SVEP enforcement instructions, visit https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=4503.

 

High-emphasis Hazards

High-emphasis hazards are high gravity serious violations of specific OSHA standards (see below). Low and moderate gravity hazards are not high-emphasis hazards.

Fall hazards
General industry standards:
·     29 CFR §1910.23 – Guarding floor and wall openings and holes [Walking-working Surfaces]

·     29 CFR §1910.28 – Safety requirements for scaffolding [Walking-working Surfaces]

·     29 CFR §1910.29 – Manually propelled mobile ladder stands and scaffolds (towers) [Walking-working Surfaces]

·     29 CFR §1910.66 – Powered platforms for building maintenance [Powered Platforms, Manlifts and Vehicle-mounted Work Platforms]

·     29 CFR §1910.67 – Vehicle-mounted elevating and rotating work platforms [Powered Platforms, Manlifts and Vehicle-mounted Work Platforms]

·     29 CFR §1910.68 – Manlifts [Powered Platforms, Manlifts and Vehicle-mounted Work Platforms]

Construction industry standards:
·     29 CFR §1926.451 – General requirements [Scaffolds]

·     29 CFR §1926.452 – Additional requirements applicable to specific types of scaffolds

·     29 CFR §1926.453 – Aerial lifts [Scaffolds]

·     29 CFR §1926.501 – Duty to have fall protection

·     29 CFR §1926.502 – Fall protection systems criteria and practices

·     29 CFR §1926.760 – Fall protection [Steel Erection]

·     29 CFR §1926.1052 – Stairways [Ladders]

Shipyard standards:
·     29 CFR §1915.71 – Scaffolds or staging [Scaffolds, Ladders and Other Working Surfaces]

·     29 CFR §1915.73 – Guarding of deck openings and edges [Scaffolds, Ladders and Other Working Surfaces]

·     29 CFR §1915.74 – Access to vessels [Scaffolds, Ladders and Other Working Surfaces]

·     29 CFR §1915.75 – Access to and guarding of dry docks and marine railways [Scaffolds, Ladders and Other Working Surfaces]

·     29 CFR §1915.159 – Personal fall arrest systems (PFAS) [Personal Protective Equipment (PPE)]

Marine terminal standards:                                                                                            
·     29 CFR §1917.45 – Cranes and derricks [Cargo Handling Gear and Equipment]

·     29 CFR §1917.49 – Spouts, chutes, hoppers, bins and associated equipment [Cargo Handling Gear and Equipment]

·     29 CFR §1917.112 – Guarding of edges [Terminal Facilities]
Longshoring standards:
·     29 CFR §1918.22 – Gangways [Gangways and Other Means of Access] ·     29 CFR §1918.85 – Containerized cargo operations [Handling Cargo]
Amputation hazards specified below that are covered under the National Emphasis Program on Amputations (See CPL03-00-003)
·     29 CFR §1910.147 – The control of hazardous energy (lockout/tagout)

·     29 CFR §1910.212 – General requirements for all machines

·     29 CFR §1910.213 – Woodworking machinery requirements

·     29 CFR §1910.217 – Mechanical power presses

·     29 CFR §1910.219 – Mechanical power-transmission apparatus

Combustible dust hazards specified below that are covered by the Combustible Dust National Emphasis Program (Reissued), including the General Duty Clause (Sec. 5(a)(1) of the OSH Act) (See CPL 03-00-008)
·     29 CFR §1910.22 – General requirements [Walking-working Surfaces]

·     29 CFR §1910.307 – Hazardous (classified) locations [Electrical]

·     Sec. 5(a)(1) of the OSH Act – Any General Duty Clause violation concerning hazards related to dust collectors inside buildings, deflagration isolation systems and duct-work issues.
Crystalline silica hazards specified below that are covered by the National Emphasis Program (NEP) -Crystalline Silica (See CPL 03-00-007)
Overexposure:
·     29 CFR Part §1910.1000 and 29 CFR Part §1915.1000 – Air contaminants ·     29 CFR §1926.55 – Gases, vapors, fumes, dusts and mists
Failure to implement engineering controls:
·     29 CFR §1910.1000(e) – Air contaminants ·     29 CFR §1926.55(b) – Gases, vapors, fumes, dusts and mists
When overexposure occurs:
·     29 CFR §1910.134; 29 CFR §1926.103; and 29 CFR §1915.154 – Respiratory protection
NOTE: The Silica NEP requires a mandatory follow-up inspection when overexposures to crystalline silica are found. If a follow-up inspection finds the same violations as previously cited, the follow-up inspection will most likely qualify as a SVEP case. See paragraph XV.A.4. (Page 11).
Lead hazards specified below that are covered by the National Emphasis Program – Lead (only violations based on sampling) (See CPL 03-00-009)
·     29 CFR §1910.1025 – Lead

·     29 CFR §1926.62 – Lead

·     29 CFR §1915.1025 – Lead and 29 CFR §1915 Subpart D Welding, Cutting and Heating
Excavation/trenching hazards specified below that are covered by the Special Emphasis Program – Trenching and Excavation (See CPL 02-00-069)
·     29 CFR §1926.651 – Specific excavation requirements ·     29 CFR §1926.652 – Requirements for protective systems [Excavations]
Shipbreaking hazards specified below that are covered by the National Emphasis Program – Shipbreaking (See CPL 02-00-136)
·     29 CFR §1915.12 – Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres [Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment]

·     29 CFR §1915.112 – Ropes, chains and slings [Gear and Equipment for Rigging and Materials Handling]

·     29 CFR §1915.116 – Use of gear [Gear and Equipment for Rigging and Materials Handling]

·     29 CFR §1915.159 – Personal fall arrest systems (PFAS) [Personal Protective Equipment (PPE)]

·     29 CFR §1915.503 – Precautions for hot work [Fire Protection in Shipyard Employment]

 

Revised Penalty Policies

On July 1, 2016, OSHA increased the civil penalty amounts the agency may impose on employers that violate workplace safety and health standards. OSHA penalties are now set to increase each year to reflect the cost of inflation. The table below presents the penalties amounts adopted for 2017.

Violation Increased Penalty Amount
Other-than-serious hazard $12,675 per violation
Serious hazard $12,675 per violation
Posting failure $12,675 per violation
Willful violation $126,749 per violation
Repeated violation $126,749 per violation
Failure to correct $12,675 per day

 

More information

Please contact Horst Insurance for more information on OSHA rules and standards.