Inspections are conducted based on the following (in order of priority):
- Imminent danger conditions
- Accident and fatality investigations
- High-hazard activities as evidenced by worker's compensation rates
- Complaints and referrals (may not result in site inspection)
- Follow-up inspections
- Random programmed inspections
Warnings or penalties?
When a Written Warning is issued it will contain an order to correct the hazardous condition by a correction due date. Extensions may be granted if the employer can show diligent progress towards the correction and interim measures have been put in place to protect the employees. A Civil Penalty will only be assessed if the employer fails to meet the corrective due date, or extended due date if one has been granted.
DLS may issue a Civil Citation with Civil Penalty in circumstances when the employer repeatedly allowed an unsafe condition to occur, or if the condition has already caused a serious work-related injury, or if the employer has ignored a previous Written Warning. DLS may issue civil penalties of up to $1,000 for violation of each standard, in accordance with M.G.L. c. 149 and regulations.