Years pass and one constant seems to remain for plant and facility safety managers: fall protection remains OSHA’s top safety violation. Despite the fact that some facilities take active precautions, workplace fall hazards continue to threaten employees at a significant rate.
The warehouse industry is particularly prone to indoor falls and other health and safety issues due to the nature of the business and heavy traffic. That’s why OSHA established a Regional Emphasis Program (REP) mainly to respond to the increasing safety incidents in warehouses. Along with this new program, OSHA also recently announced an increase in their penalties for regulation violations.
Whether you are a warehouse owner or safety manager, you should understand what this program and these penalty increases mean to you and your business.
What Is OSHA’s Regional Emphasis Program (Rep)?
The Regional Emphasis Program (REP) was established and announced on August 3, 2022.
It became effective in November 2022 and will remain active until August 2027 unless OSHA extends it further.
The program focuses on enforcement and outreach efforts on specific industries or workplace hazards identified to a high rate of incidents and injuries, such as warehouses.
REP’s mission is to reduce the number of workplace injuries, illnesses, and fatalities by targeting specific hazards and ensuring OSHA compliance. The program also comes with increased penalties on warehouses that fail inspections.
The New OSHA Indoor Fall Protection Penalties
OSHA also announced its revamped penalties on businesses that fail to comply with indoor fall protection standards and regulations on December 20, 2022.
The new and increased penalties for non-compliance are as follows:
Penalty Amounts (by Type of Violation)
- Serious – Minimum Penalty: $1,116 per violation; Maximum Penalty: $15,625 per violation
- Other-Than-Serious – Minimum Penalty: $0 per violation; Maximum Penalty: $15,625 per violation
- Willful or Repeated – Minimum Penalty: $11,162* per violation; Maximum Penalty: $156,259 per violation
- Posting Requirements – Minimum Penalty: $0 per violation; Maximum Penalty: $15,625 per violation
- Failure to Abate – Minimum Penalty: N/A; Maximum Penalty: $15,625 per day unabated beyond the abatement date (Generally limited to 30 days maximum)
*If you’re cited “for a repeated, other-than-serious violation that otherwise would have no initial penalty, you’ll receive a gravity-based penalty (GBP) of $446 for the first repeated violation, $1,116 for the second repeated violation, and $2,232 for a third repetition” – OSHA.
Gravity-Based Penalty Amounts
A GBP is calculated for repeated violations based on facts an inspector notes during the current assessment.
They are defined as follows:
- High gravity – a violation with a GBP of $15,625.
- Moderate gravity – a violation with the GBP ranging from $8,929 to $13,394.
- Low gravity – a violation with a GBP of $6,696.
Suppose you are cited for violations after an inspection. In that case, your GBP will be any of the following:
- Severity: High; Probability: Greater; GBP: $15,625; Gravity: High; OIS Code: 10
- Severity: Medium; Probability: Greater; GBP: $13,394; Gravity: Moderate; OIS Code: 5
- Severity: Low; Probability: Greater; GBP: $11,162; Gravity: Moderate; OIS Code: 5
- Severity: High; Probability: Lesser; GBP: $11,162; Gravity: Moderate; OIS Code: 5
- Severity: Medium; Probability: Lesser; GBP: $8,929; Gravity: Moderate; OIS Code: 5
- Severity: Low; Probability: Lesser; GBP: $6,696; Gravity: Low; OIS Code: 1
If, after an inspection, you are cited for other-than-serious violations, the inspector will only assign minimal severity. However, if the area director determines that further measures are necessary to discourage you from other violations, they may propose a maximum penalty of $15,625.
Serious Willful Penalty Reductions
OSHA penalty reduction is usually based on three factors: good faith efforts, the employer’s maximum number of employees, and history of previous violations.
The reduction factor for the history of previous violations remains unchanged as per OSHA Chapter Six: Penalties and Debt Collection.
However, the reduction factors for the size for serious, willful violations has changed and shall apply as followed:
- Employees: 10 or fewer; Percentage Reduction: 80
- Employees: 11 – 20; Percentage Reduction: 60
- Employees: 21 – 30; Percentage Reduction: 50
- Employees: 31 – 40; Percentage Reduction: 40
- Employees: 41 – 50; Percentage Reduction: 30
- Employees: 51 – 100; Percentage Reduction: 20
- Employees: 101 – 250; Percentage Reduction: 10
- Employees: 251 or more; Percentage Reduction: 0
What Do These Hefty Penalties Mean to You?
REP and the revamped OSHA penalties mean you must take indoor fall protection compliance in your warehouse more seriously. These penalties indicate that OSHA is taking a more proactive approach to ensuring compliance and reducing workplace incidents, injuries, and fatalities.
It also means that you must be diligent in complying with OSHA regulations, as they may be subject to increased scrutiny and enforcement.
You must take the necessary health and safety steps to ensure your employees are safe.
Begin by implementing new safety procedures, investing in equipment such as safety railing, indoor safety gates and metal swing gates, and providing training and education for employees on the best safety practices.
Warehouse Locations Where Safety Equipment is Necessary
Warehouses require safety equipment like metal swing gates or modular safety railing for high fall hazard areas or where falls may otherwise impact individuals or equipment. Some of the most common areas of risks for falls in a warehouse include:
- Machine and Conveyor Systems — All machines and specific conveyor systems need specialized or trained personnel to operate, maintain, or repair. Protect employees near this equipment with OSHA-compliant modular safety railing.
- Rooftops — Rooftops typically feature a bevy of fall hazards, such as the leading edge, roof openings, hatches and skylights, and uneven rooftop surfaces. The proper fall protection equipment protects employees as well as rooftop equipment, such as HVAC systems and mechanical, electrical, and communication equipment.
- Elevated Surfaces — Mezzanines, catwalks, stairways, and other elevated areas present increased risks for employees falling to the levels below. A combination of safety railing with an indoor safety gate is key to protect workers on/near these areas.
- Loading Docks — The constant foot traffic and use of mobile machinery, such as forklifts and trucks, make loading docks dangerous places. The use of metal swing gates allows workers to stay safe while still working quickly and efficiently.
- Around Floor Holes — Floor holes such as drains, maintenance holes, drilled holes, missing concrete or floorboards, and hatches should be cordoned off with guard rails due to their serious fall hazards.
- High-traffic areas — You can maintain a secure warehouse or indoor work environment by directing traffic accordingly. Modular safety railing in an ideal safety tool to ensure everyone stays away from sensitive or dangerous parts of the warehouse.
Indoor Safety Gate: Avoid OSHA Increased Penalties
Maintaining high safety levels in a warehouse is a challenging task. However the use of indoor fall protection systems, such as an indoor safety gate, is a simple yet effective solution for fall protection and avoiding harsh OSHA penalties.
Fabenco’s OSHA-compliant products are designed to meet the highest standards of safety and quality, and they can help you protect your warehouse from violations and your employees from injury. Contact us for more information on the ideal safety measures for your warehouse.
