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Employer Ignores OSHA Citations, Faces $328K Penalty

Carol Warner
By: Carol Warner
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About the Author

For nearly two decades, Carol Warner has analyzed the legal and financial realities behind workplace decisions, covering employment law, benefits, payroll and HR technology. She translates complex legal updates, regulatory shifts and vendor claims into plain language that HR teams can act on. Her focus is simple: What does this mean for employers, and what should they do next? Connect with her on LinkedIn.

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Last Updated: October 7, 2024
2 minute engagement
OSHA Seeks $1M in Penalties for Air Safety Violations

Word to the wise: When OSHA comes knocking, take the visit seriously the first time around.

Otherwise, the penalties can really pile up, as a boat manufacturer in Florida recently learned the hard way. Here’s what happened.

Workplace Safety and Health Violations

In July 2023, an OSHA investigation determined Blacktip Boatworks LLC jeopardized the safety and health of its workers by exposing them to 15 safety and health hazards. 

As a result, OSHA investigators issued citations for the violations – and Blacktip Boatworks was supposed to submit the required proof of abatement to OSHA. But the company never complied.

When Blacktip Boatworks failed to show proof that the corrections had been made, OSHA investigators made another trip out to the worksite in March 2024 and discovered that Blacktip hadn’t corrected the hazardous conditions. Among other things, the company:

  • Failed to institute a workplace respiratory protection program and procedures for workers required to wear tight-fitting respirators, and
  • Failed to develop and maintain a written hazard communication program and safety data sheets for workers handling hazardous chemicals. 

During the second visit, OSHA inspectors identified repeat and serious safety and health violations, including:

  • Failing to provide training to workers voluntarily using respirators
  • Failing to conduct periodic inspections on equipment used to lift boats and remove damaged equipment from service
  • Failing to electrically interconnect containers used to transfer flammable liquids, and
  • Failing to provide medical evaluations and fit testing to workers required to wear tight-fitting respirators.

“Our follow-up inspection found Blacktip Boatworks continuing to expose its employees to potentially disabling and deadly injuries,” Tampa’s OSHA Area Director Danelle Jindra said in a statement. “The citations we issue are not recommendations. They are violations of federal law that must be addressed immediately.”

Lesson Learned: OSHA Penalties Multiply

All told, OSHA cited Blacktip Boatworks with:

  • Four failure-to-abate violations
  • Two serious violations
  • Three repeat violations, and
  • One other-than-serious violation because of the inspection. 

Now, the company faces a total of $328,287 in penalties. You can click here to read the full citation, but here’s a quick breakdown of the numbers. 

The penalties for the workplace safety and health violations came to $33,187. But those failure to abate penalties are the hard hitters. They tacked on an additional $295,100.

Now, Blacktip Boatworks has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

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