OSHA repeat violation

An OSHA citation class issued when an employer has previously been cited for a substantially similar violation within the preceding five years. Repeat violations carry significantly higher penalties than initial violations.

By jurisdiction

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UK HSE

“repeat violation”No equivalent

No equivalent in this jurisdiction.

Jurisdiction note: HSE does not use a repeat violation classification. Repeat breaches may influence the decision to prosecute and sentencing guidelines but are not a formal penalty class.

RegulatorySource

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Irish HSA

“repeat violation”No equivalent

No equivalent in this jurisdiction.

Jurisdiction note: HSA does not use repeat violation as a formal enforcement category. Persistent non-compliance may influence enforcement decisions and prosecution.

RegulatorySource

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US OSHA

“repeat violation”Exact equivalent

A repeat violation occurs when OSHA issues a citation for a violation that is substantially similar to a previous violation cited within the preceding five years, regardless of the size of the establishment or whether a settlement reduced the original penalty. The maximum penalty for repeat violations is significantly higher than for serious violations.

StatutoryOccupational Safety and Health Act 1970, section 17(a); 29 CFR 1903.15Source

Practitioner note: The lookback runs from the earlier citation becoming final. Substantially similar can span different sites under the same employer.

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