A “willful” violation is OSHA’s most serious classification: the employer either knowingly failed to comply with a legal requirement or acted with “plain indifference” to worker safety. It carries much higher civil penalties than serious/other violations and, in rare cases (e.g., deliberate misconduct causing death), can result in criminal referral or prosecution.
Combustible dust is finely divided solid material (e.g., grain, sugar, wood, metal, plastics, flour) that can burn when dispersed in air. If the dust is suspended at the right concentration and ignited—especially in a confined space—it can produce a rapid combustion (deflagration) or explosion; accumulated dust on surfaces also enables secondary, often more destructive, explosions.
Within 15 working/business days after receiving citations the company may: (1) abate the hazards and notify OSHA (submit a Letter of Corrective Action) and pay any penalties; (2) request an informal conference with the OSHA Area Director to discuss or negotiate citations and abatement dates; or (3) formally contest the citations/penalties by filing a notice of contest (which triggers review by the Occupational Safety and Health Review Commission).
The Occupational Safety and Health Review Commission (OSHRC) is an independent federal adjudicatory agency that decides disputes between OSHA and employers over citations and penalties. To contest OSHA citations a company must file a written notice of contest (typically within 15 working days of receipt); the case then proceeds through OSHRC procedures (prehearing, discovery, possible settlement, or an administrative trial before an OSHRC judge).
OSHA proposes civil penalties using statutory factors (gravity of the hazard, employer size, good‑faith, and history) and posts maximum penalty amounts (adjusted for inflation). Proposed penalties can be reduced in settlement, adjusted by OSHA during informal settlement, and ultimately assessed or changed by the OSHRC in litigation; failure to abate by the abatement date can add Failure‑to‑Abate penalties.
After a fatal incident OSHA typically conducts a on‑site inspection (including evidence collection, witness interviews, and hazard evaluation), issues citations if violations are found, and may monitor abatement. OSHA can refer cases for criminal investigation when evidence indicates willful conduct that caused a death; separate criminal investigations/prosecutions are handled by the Department of Justice or state authorities. OSHA also may share findings with the CSB, state agencies, or other regulators.