OSHA’s Application of Instance-by-Instance Penalty Adjustments

The current Instance-by-Instance (IBI) policy, published in 1990, applies only to willful citations. OSHA believes that a more expansive application of IBI will incentivize employers to proactively prevent workplace fatalities and injuries and provide OSHA with another tool to use on its mission to ensure safe and healthful working conditions for America’s workforce.  The scope of this guidance is limited to high-gravity serious violations specific to

  • falls,
  • trenching,
  • machine guarding,
  • respiratory protection,
  • permit required confined space,
  • lockout tagout, and
  • other-than-serious violations specific to recordkeeping

The scope applies to general industry, agriculture, maritime, and construction industries.

A decision to use instance-by-instance citations should normally be based on consideration of one or more of the factors listed below. The factors to be considered include:

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