OSHA and Willful Violations

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Although a bad purpose or evil motive is not a necessary element of a willful violation, an employer is entitled to entertain a "good faith" opinion that his conduct conforms to regulatory requirements. Accordingly, a willful violation will not be found where an employer disputes in good faith the applicability of a standard. For example, evidence that an employer reasonably believed that the workplace hazard in question was not subject to regulation, and that the employer's supervisor took steps to alleviate apparent danger at the employer's work site has supported a finding that a violation of an OSHA standard was not willful.

The test of good faith is objective. An employer's belief concerning the factual matters in question must have been reasonable under the circumstances; i.e., the employer's belief must have been "non-frivolous."


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278


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