OSHA violations are categorized as “de minimis,” “other than serious,” “failure to abate prior violation,” “serious,” “repeat” and “willful.” A willful violation is the most serious of all workplace violations. A willful violation may be issued regardless of whether the workplace is otherwise safe, and a willful violation may be issued with or without a workplace accident. The Occupational Safety and Health Act of 1970 (the Act) does not specifically define a willful violation, but willful violations are found when an employer acts knowingly or voluntarily in disregard of the Act. Furthermore, a willful violation means that the employer consciously, intentionally, deliberately or voluntarily acted with plain indifference to employee safety or to the requirements of the Act.
While a willful act requires more than employer negligence, it does not require a showing of bad faith or evil purpose by the employer. An employer knowing its employees are violating or are likely to violate a provision of the Act may be enough for a willful citation. Additionally, ignorance of the Act is not a defense to a violation; meaning, if an employer knows or allows its employees to work in conditions that happen to be in violation of the Act, a willful citation may be issued regardless of whether or not the employer knew that a violation was occurring. However, OSHA must prove more than an employer’s mere lack of diligence for a willful citation.