Employers can be removed from the Severe Violator Enforcement Program after three years from the date of the final disposition of the inspection violation subject to certain conditions, says a guidance memo issued by the Occupational Safety and Health Administration.

Employers must have abated all SVEP–related hazards affirmed as violations, paid all final penalties, abided by and completed all settlement provisions, and not received any additional serious citations related to the hazards identified in the SVEP inspection at the initial establishment or at any related establishments, says the guidance.

Except in cases where national corporate-wide settlements are involved, approval of the employer's removal will be at the discretion of the Regional Administrator or designee and shall be based on an additional follow-up inspection and other data. The Regional Administrator or his/her designee will then notify OSHA’s Directorate of Enforcement Programs via the SVEP log that the employer has been removed/lined-out. In the event that an employer fails to abate all hazards, pay all penalties, or comply with settlement terms during this three-year period, the Regional Administrator shall notify DEP with a brief summary of the situation. The employer will remain on the SVEP log for an additional three years and will then be reevaluated. For cases involving national corporate-wide settlement agreements, DEP will make the determination, upon the termination of the agreement, regarding the employer's removal from the program.