Can My School be Fined for Non-Compliance?

Can your school be fined for non-compliance or serious occupational health and safety violations concerning STEAM Safety? YES! 

This is a very real possibility and one that is not always taken at face value. There are multiple state and federal regulations surrounding keeping schools ‘safer’ through various mechanisms, such as unannounced safety inspections, adherence to legal safety standards, and reporting by employees of unsafe conditions in the workplace. Looking at the Federal OSHA citation and penalty webpage, there is a tremendous amount of information, and it is available for your review here: Ideally, there will not be any safety concerns or issues identified when an unannounced OSHA inspection occurs in your school. And trust us, it will absolutely occur. 

Reducing the Risk of Non-Compliance

The Federal OSHA penalty and sanctions regulations have been summarized below based on the severity and sequence of events leading to a potential notice of infraction and proposed penalty to the employer. Be mindful that most regulatory inspections are conducted to identify potential hazards and resulting risks. A timeline for remediation is provided for less serious concerns identified.

The inspectors are working to ensure that your school is a safer workplace and are not on-site to find a reason to issue a sanction or a fine levied against the school or the school district. These professionals seek evidence of progressive, safer actions and will help you and your staff recognize any hazards and resulting risks from their observations. 

Be Aware of State Policies and the Risk of Non-Compliance

In addition, there are currently 22 individual State Plans covering both the private sector as well as state and local government workers, and 7 State Plans to cover only state and local government workers, each having their websites. Be aware that State Plans have their penalty reduction policies and procedures that may differ from OSHA’s but must be deemed at least as effective.

All State Plan policies and procedures related to penalties must be submitted and reviewed by OSHA. State Plans also have a system for reviewing and appealing citations, penalties, and abatement periods. The procedures are generally similar to OSHA’s, but a state review board or equivalent authority hears cases. 

States that operate their own Occupational Safety and Health Plans must adopt maximum penalty levels that are at least as effective as Federal OSHA standard citations and fines. State Plans are not required to impose monetary penalties on state and local government employers.

Potential Non-Compliance Penalty for the School District (Employer)

1903.15(a)

After, or concurrent with, the issuance of a citation, and within a reasonable time after the termination of the inspection, the Area Director shall notify the employer by certified mail or by personal service by the Compliance Safety and Health Officer of the proposed penalty per paragraph (d) of this section, or that no penalty is being proposed.

Any notice of proposed penalty shall state that the proposed penalty shall be deemed to be the final order of the Review Commission and not subject to review by any court or agency unless, within 15 working days from the date of receipt of such notice, the employer notifies the Area Director in writing that he intends to contest the citation or the notification of proposed penalty before the Review Commission.

1903.15(b)

The Area Director shall determine the amount of any proposed penalty, giving due consideration to the appropriateness of the penalty concerning the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations, per the provisions of section 17 of the Act and paragraph (d) of this section.

1903.15(c)

Appropriate penalties may be proposed concerning an alleged violation even though after being informed of such alleged violation by the Compliance Safety and Health Officer, the employer immediately abates, or initiates steps to abate, a such alleged violation. Penalties shall not be proposed for de minimis violations without direct or immediate relationship to safety or health.

1903.15(d)

Adjusted civil monetary penalties. The adjusted civil penalties for penalties proposed after January 15, 2023, are as follows:

1903.15(d)(1)

Willful violation. The penalty per willful violation under section 17(a) of the Act, 29 U.S.C. 666(a), shall not be less than $11,162 or exceed $156,259.

1903.15(d)(2)

Repeated violation. The penalty per repeated violation under section 17(a) of the Act, 29 U.S.C. 666(a), shall not exceed $156,259.

1903.15(d)(3)

Serious violation. The penalty for a serious violation under section 17(b) of the Act, 29 U.S.C. 666(b), shall not exceed $15,625.

1903.15(d)(4)

Other-than-serious violation. The penalty for an other-than-serious violation under section 17(c) of the Act, 29 U.S.C. 666(c), shall not exceed $15,625.

1903.15(d)(5)

Failure to correct a violation. The penalty for failing to correct a violation under section 17(d) of the Act, 29 U.S.C. 666(d), shall not exceed $15,625 per day.

1903.15(d)(6)

Posting requirement violation. The penalty for a posting requirement violation under section 17(i) of the Act, 29 U.S.C. 666(i), shall not exceed $15,625.

Examples of Typical School District Inspections and Penalties for Non-Compliance

So, what does a typical example of an actual unannounced school inspection by an OSHA compliance officer, and how should you respond?   This can be a very turbulent time in the school with many unknowns and often anxiousness based on compliance concerns. 

Understand that there are four main components of an OSHA inspection:

1. Credential presentation
2. Opening conference
3. Walk-around inspection
4. Closing conference

First Steps of Non-Compliance Inspection

In this unannounced OSHA inspection of a school, the OSHA compliance officer (OSHA CO) entered the school, proceeded to the main office, and asked to see the chief building administrator (C.B.A. or principal) and safety compliance officer.   The OSHA CO announced a facility inspection would take place and should have presented credentials. Always ask for appropriate OSHA identification cards if they are not shown.  

If questionable, contact the local OSHA office to confirm the visitation/inspection. There have been cases where thieves posed as OSHA COs and stole valuable materials and equipment.  

Steps Once Credentials Are Confirmed

In this inspection case, once credentials were confirmed, the OSHA CO had an opening conference with the C.B.A., safety compliance officer, and employee union representatives to explain how the inspection process would proceed, including the walk-around and closing conference. 

The OSHA CO then asked to see copies of the appropriate written OSHA safety plans required by the employer, including but not limited to a Chemical Hygiene Plan, Hazard Commination Plan, Personal Protective Equipment Plan, Safety training records, Chemical inventories, and more.  

Steps once Information is Reviewed

The OSHA CO reviewed this information at the beginning of the inspection process. Once reviewed, the actual school (a high school in this case) walk-around inspection took place again, including the C.B.A., safety compliance officer, and union representatives. The who process took about three days, and the laboratories took the longest, with inspections involving over 25 science and technology education/engineering labs. 

During the walk-around, school officials asked specific questions about noted violations by the OSHA CO and also took notes and similar photos the OSHA CO had taken. This was done to ensure all agreed with the inspection findings. 

Lastly, the Closing Conference took place on the 3^rd day. 

Examples of the OSHA Site Inspection Summary Actions for Violations/Non-Compliance found and shared during the Closing Conference included the following:

Remove Flammable Materials

1. Remove cylinders of propane from the flammable storage cabinet with flammables & store them in separate flammables safety storage cabinets.
2. Storage of gasoline needs to be in spill-proof lids and self-venting capabilities – safety cans. Replace with appropriate safety cans.
3. Storage of gasoline needs to be in spill-proof lids and self-venting capabilities – safety cans. Replace with appropriate safety cans.
4. Rags with petroleum distillates were not disposed of daily. Need to set up a schedule for removal at the end of each day.

Proper Laboratory Management

1. All containers having hazardous chemicals must be labeled with a hazard warning.
2. Storage of materials is not stable and secure. Remove shelving unattached in or not secured to the wall. Otherwise, secure shelving appropriately.
3. Larger compressed gas cylinders in storage must be secured with chains.
4. Emergency evacuation plan to have written procedures to account for all employees after an evacuation.
5. Electrical panel partially blocked in labs and storerooms – keep 3-foot clearance – remove items.
6. Ground pins missing from several electrical cords

Proper Labeling and Communications

1. Hazard Communication plan to include written procedures for obtaining/retrieving S.D.S. if hard copy not available.
2. Need list of S.D.S. chemicals in front of S.D.S. collection book
3. Labs, storerooms, preparation rooms, closets, etc. – All containers must be labeled with contents, including spray bottles.
4. Exit doors and hallway were partially blocked by the placement of supplies/equipment – Need to either remove materials or have the fire marshal declare this is not an exit with appropriate signage.
5. Several employees did not participate in an annual bloodborne refresher. Must attend each year and must be retained.
6. Post copies of violations cited on the safety bulletin board in the copying room
7. Pay penalty payment – see invoice provided by OSHA – $500.00 total.
8. Mailing within two weeks to OSHA for citation items completed.

The OSHA Site Inspection Summary Actions for Violations was provided along with the required payment invoice for penalties. 

Serious Monetary Sanctions for Non-Compliance

Serious monetary sanctions are used when the employer (school district) knowingly or unknowingly does not comply with accepted safety procedures and practices relative to legal safety standards. Based on experience working with school districts, specifically in Science, C.T.E., and MakerSpaces, there are some common themes when looking at the overall expectations from regulatory compliance bodies such as Federal OSHA, OSHA Approved State Plans, or state labor equivalent organizations. 

Non-Compliance & Proper Reporting

Many of these infractions result from people not understanding their legal obligations, not knowing the timelines for reporting, or not recognizing the severity of the hazard and risk in their school(s). There are, however, situations when people were aware of their obligations and chose not to act in a safer way, which resulted in an accident, injury, or a report of an unsafe situation that was not handled appropriately.  

From a safety and compliance perspective, when making observations in a typical science or C.T.E. department in a middle school or high school, there are some common criteria that inspectors are looking for. This is not an exhaustive listing, but one that you can use to evaluate your existing risk management and safety program in your district or school. Also, remember OSHA jurisdiction is only for school employees, not students!

Know the Standards for Safer STEAM

These criteria are found under OSHA 1910.1450 (Laboratory Standard) and OSHA 1910.1200 (Hazard Communication Standard) as well as OSHA General Duty Clause that states ‘Section 5(a)(1) of the Occupational Safety and Health Act (O.S.H. Act). The general duty clause requires that an employer keep its workplace free from any recognized hazards that cause or are likely to cause death or serious physical harm to employees (29 U.S.C. § 654(a)(1)). 

In addition to OSHA standards, there are also the NFPA 45 and NFPA 101 Life Safety Standards that apply and are usually enforced by the local and State Fire Marshall offices. Hundreds of thousands of state and local regulations are related to occupancy loads, fire safety, emergency response procedures, ventilation, hazardous waste management, medical consultations, and more.    

A Few Regulations to Consider

Systems for Success

1. Safety training must be appropriate and occur annually for ALL laboratory educators and staff, which is specific to the equipment, materials, tools, chemicals, and other potential safety hazards they may be in contact with during the year at the work site instructional spaces (laboratory, classroom, field).
2. Having an accurate inventory of chemical hazards on-site and the associated Safety Data Sheets for EACH chemical product.
3. Conducting an annual physical inspection of the Science Department for engineering controls (HVAC, eyewash, shower, emergency shut-offs, etc.), accessibility, chemical hygiene practices, Personal Protective Equipment, plumbing concerns, chemical storage, safety signage, and more.
4. Conducting a monthly equipment and machinery inspection for C.T.E. facilities and tools
5. Ensuring all activities go through potential hazard analysis and resulting risk assessment before any demonstration or hands-on experiment in the lab.
6. Having a current, compliant Chemical Hygiene Plan in place
7. Designated Chemical Hygiene Officer – if there is not one designated, then the Superintendent of Schools assumes that responsibility regardless of their education or experience with responsible chemical management

Prepare Your Students

1. The use of student safety acknowledgment forms (safety contracts) with all classes
2. Have written safety procedures for hands-on laboratory or safety project assignments at home and in the field.
3. All appropriate and required P.P.E. is available for ALL laboratory occupants, including visitors.

Prepare the Laboratory

1. Ensuring that all activities go through potential hazard analysis and resulting risk assessment PRIOR to any demonstration or hands-on experiment occurring in the lab.
2. No obstructions are found near instructional space exit egress paths, fire extinguishers, eye wash stations, drench showers, other emergency safety items, or engineering controls.
3. Ventilation, including air exchanges and fume hoods/spray booths, are inspected as required and monitored, e.g., flow rates, filters, etc.
4. NFPA Legal safety Occupancy loads limit ( 50 sq ft/occupant net) are adhered to for safety reasons
5. Have emergency evacuation plans in place in case of fire, smoke, explosions, hazardous airborne particulate, etc.
6. Appropriate chemical and biological disposal plans, including a recycling program.
7. Have a means of communication in place in case of a laboratory accident: e.g., cell phone, landline phone, intercom, etc.
8. Ensure there are no walkway trips or slip/fall hazards in labs, chemical storerooms, and preparation areas.
9. G.F.I. or GFCI-protected electrical receptacles where water sources are within six feet of electrical outlet receptacles.

Final Thoughts on the Effects of Non-Compliance with STEAM Safety

In reality, schools are considered a ‘workplace’ and are required to provide a safer instructional environment for teaching and learning. For example, ensure you have a safety protocol to clean and sanitize P.P.E. (e.g., indirectly vented chemical splash goggles or safety glasses with side shields, gloves, etc.) per the OSHA 1910.132 PPE standard. 

In addition, make sure there is an eyewash/drench shower Inspection/flushing requirement followed: e.g., Activate all eyewash units at least weekly (Section 5.5.2). Inspect all eyewash units annually for compliance with the ANSI/ISEA Z358.1 standard (Section 5.5.5). 

Use Comprehensive Risk Management

To prevent having a penalty for non-compliance, it is important to have a comprehensive risk management program in place that involves multiple necessary aspects of your safety program. Maintain proper documentation and appropriate safety training records and promote a culture of safety awareness and progressive safer practices in your schools. 

It is not always easy to implement or change historical inertia regarding safety training, chemical hygiene plans, chemical inventory management, conducting annual safety inspections, and using student safety acknowledgment forms in STEAM programs. Yet, these are the critical tenets for responsible risk management in K-12 STEAM programs. 

Using trusted outside consultants specializing in safety and regulatory compliance greatly enhances the potential for having a positive experience resulting from an OSHA (or equivalent) unannounced inspection in your buildings. 

References For STEAM Safety & Legal Ramifications of Non-Compliance

• Laboratory Standard C.F.R. 29 1910.1450
• Hazard Communication Standard C.F.R. 29 1910.1200
• General Duty Clause
• Penalty and Citation 2023-OSHA
• Risk Management for K12
• Safety Training in STEM and C.T.E. Programs is a Necessity 
•  ‘Liability for Science Teachers
• National Fire Protection Association (NFPA) 
• National Research Council (N.R.C.)  2006 America’s lab report: Investigations in high school science  Washington, DC: National Academies Press.
• “Laboratory Eye Protection Denial Syndrome” NSTA Safety Blog Commentary by Dr. Ken Roy – Jan 2023