On September 15, 2022, the Occupational Safety and Health Administration (OSHA) announced updates to the Severe Violator Enforcement Program (SVEP) that will expand the criteria for being placed in the program.  Along with expanding the criteria, OSHA also outlined new information on follow-up inspections and conditions for being removed from the program.  The SVEP was developed to focus enforcement efforts on those employers that willfully violated certain safety and health standards, repeatedly violated standards, or refused to correct violations.  The update will broaden the scope of the program standards that would be included.

According to OSHA, the following criteria updates will be included:

Getting into the program:

• Employers will be placed in the program for citations of at least two willful or repeated violations or who receive failure-to-abate notices based on the presence of high-gravity serious violations.

Follow-up while in the program:

• After notice of the final order, follow-up or referral inspections will be made yearly – but not longer than two years.

Getting out of the program:

• Employers have the potential of removal from the Severe Violator Enforcement Program three years after the date of receiving verification from the employer that all program-related hazards have been abated.
  • Employers’ have the ability to reduce time spent in the program to two years, if they consent to an enhanced settlement agreement that includes use of a safety and health management system with seven basic elements in OSHA’s Recommended Practices for Safety and Health Programs.

For more information regarding the update, click here.