Companies that find themselves with membership in OSHA’s Severe Violator Enforcement Program (SVEP) now have clear guidelines for how they can get themselves removed from the program.

SVEP, which has been in effect since June 18, 2010, is intended to focus agency resources on employers that demonstrate indifference to their responsibilities under the Occupational Safety and Health Act with willful, repeat or failure-to-abate violations.

In criteria published last week, OSHA said an employer may be considered for removal from the program by an OSHA Regional Administrator after:

• A period of three years from the date of the final disposition of the SVEP inspection citation items including: failure to contest, settlement agreement, Review Commission final order, or court of appeals decision.
• All affirmed violations have been abated, all final penalties have been paid, the employer has abided by and completed all settlement provisions, and has not received any additional serious citations related to the hazards identified in the SVEP inspection at the initial establishment or at any related establishments.

In the event an employer fails to adhere to the terms and provisions of the agreement, the employer will remain in the program for an additional three years and will then be reevaluated. For additional details regarding employer removal criteria from OSHA's SVEP program, visit http://s.dol.gov/VD.