A repeat OSHA violation exists where an employer has been previously cited for a substantially similar unsafe condition. Plus, the citation has become a final order of the Occupational Safety and Health Review Commission or the final abatement date of the previous citation, whichever is later. (OSHA Letter of Interpretation. March 18, 1998.)

Have more than one location? You need to have a sound OSHA citation tracking system in place.  You will also need to have a  system in place to promptly correct any noncomplying conditions.  Having such a corrective policy in place will greatly help avoid a repeat citation situation.

How do repeat violations come about?  When OSHA conducts a site review/audit they will likely issue citations for noncomplying conditions.  These proposed citations are then compared to that of employers OSHA citation history.  If there are similar conditions between the proposed citation and past citations there is a reasonable chance OSHA will issue a repeat violation.  The fine for a repeat violation is approximately 10 times that of the non-repeat version of the violation. ($132,598 starting 2020.)

For large employers with many sites, it is critical to have a solid and well operating safety program to avoid violative conditions in the first place.  And, to monitor any citations that become final to make sure all other locations of the business take corrective steps to avoid a repeat non-complying condition.

Take a look at OSHA Letter of Interpretation, July 13, 1999.