Severe Violator Enforcement Program
Most employers who get an OSHA citation fix the problem and move on. A small number repeatedly ignore the law, even after deaths or serious injuries. OSHA created the Severe Violator Enforcement Program (SVEP) to focus attention on those employers. Being placed in the program brings more inspections, more scrutiny and public listing.
- Employers
- Contractors
- Workers
What SVEP is
- SVEP is an OSHA enforcement program, which started in 2010 and replaced an earlier program for “severe violators.” It is described in an OSHA directive (CPL 02-00-169, effective September 15, 2022, which updated the earlier version). See OSHA Directives & the Field Operations Manual.
- It is aimed at employers who willfully or repeatedly violate OSHA standards in ways that put workers at serious risk, who fail to correct hazards, or who are responsible for severe incidents.
- Employers in SVEP receive increased OSHA attention: follow-up inspections of the cited workplace, and inspections of other worksites of the same employer. OSHA also places them on a public list.
- OSHA’s regions and area offices run the program. State plan states may have their own similar programs. See State Plans Overview.
How an employer ends up in SVEP
An employer is placed in SVEP when an inspection meets one of these general criteria (check the directive for the exact rules):
| Criterion | What it means in general |
|---|---|
| Fatality or catastrophe | A fatality or catastrophe inspection (such as an incident causing three or more hospitalizations) where OSHA finds at least one willful or repeat violation, or issues a failure-to-abate notice for a serious violation, that is directly related to the death or the catastrophe |
| Non-fatality (high-gravity) criterion | An inspection where OSHA finds two or more willful or repeat violations or failure-to-abate notices, based on high-gravity serious violations. Low and moderate gravity violations don’t count for this criterion |
| Egregious criterion | Any “egregious” enforcement case, for example where OSHA issues separate citations for each instance of a violation |
- Different violation types are explained in Citation Types. Willful means the employer knew or showed plain indifference. Repeat means a similar violation was cited before. Failure to abate means the employer did not fix a cited hazard.
- The program has been expanded over the years, and the directive was changed to cover more types of cases, so check the current version.
- A case isn’t final until citations are resolved. An employer who contests a citation may be placed in SVEP while the case is pending, depending on OSHA policy, so check the directive.
What happens when an employer is in SVEP
- Follow-up inspections to make sure that hazards have been corrected, and that the problem hasn’t returned.
- Inspections of other sites: OSHA looks at other facilities and worksites of the same employer, and sometimes related companies, to check for the same hazards. Employers with many locations are at risk of broader attention.
- Public listing: OSHA posts SVEP employers on a public list on its website, with the establishment, the inspection and the dates. Customers, insurers, unions and the press can see it.
- Enhanced settlement terms: OSHA seeks settlements that require more, such as outside safety consultants, safety programs, training and reporting. Settlements may include penalties paid, and the case may stay on the list until they are met.
- Referrals for criminal investigation in cases involving a willful violation that causes a death. See How OSHA Investigates Fatalities.
- Other agencies and customers may react, such as by barring a contractor from public contracts or bids. Check local rules.
Getting removed from SVEP
- An employer can request removal after a set period, generally at least three years after the final order or the end of abatement, if it has met the conditions in the directive. These include paying penalties, correcting hazards, completing follow-up inspections without new serious findings and having no new violations that meet SVEP criteria.
- OSHA reviews the file, may inspect and decides whether to remove the employer. Details and timing are set in the directive, which changes over time.
- Employers in the program should work with OSHA, fix underlying problems and put real safety management in place. See Safety Programs and Voluntary Protection Programs (VPP).
What it means for workers
- A SVEP listing is a sign that an employer has had serious safety failures, but workers keep all of their rights, including the right to raise hazards and refuse imminent danger. See Worker Rights and Imminent Danger.
- Workers can file complaints and ask for inspections, which are an important way that OSHA learns about problems. They are protected from retaliation. See Whistleblower Protection.
- Workers, unions and the public can check OSHA’s SVEP list online to see whether a workplace is included, and check an employer’s inspection history in OSHA’s enforcement database.
- If you work for an employer on the list, ask about the hazards found, what has been fixed and how you can take part in safety improvements. See Safety Committees.
What it means for contractors and owners
- General contractors and owners should check the safety record of subcontractors and vendors, including OSHA inspection history and the SVEP list, before hiring them. See Multi-Employer Worksites and Small Contractors.
- On multi-employer sites, controlling employers may share responsibility for hazards. A subcontractor with SVEP status can bring more scrutiny on the whole site.
- Insurance, bonding and bidding can be affected. Many project owners ask about OSHA records.
How employers avoid SVEP
- Fix hazards promptly, and keep records of what you did. Never ignore a known hazard, a prior citation or a worker’s complaint.
- Have a real safety and health program with management commitment, worker participation, training, inspections and accountability. See Written Programs and Training Requirements.
- Learn from incidents and near misses, and look for root causes. See Incident Investigation.
- Correct violations by the abatement date and certify. A failure to abate is a major trigger.
- Use free resources, such as OSHA’s consultation program, which provides confidential help to small and medium employers. See OSHA Consultation.
- If cited, work with OSHA, consider settlement and fix the underlying problems. See Contesting Citations.
SVEP checklist
- I understand that willful, repeat and failure-to-abate violations are the main triggers
- Past citations have been abated on time and certified
- Hazards that caused serious incidents have been fixed everywhere, not just at one site
- We have a working safety program, training and a way for workers to report hazards
- Before hiring a contractor, I checked their OSHA history and the SVEP list
- I know that the directive is revised, so I check the current version
Standards & references
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