Quoted verbatim from the OSHA Field Inspection Reference Manual, Chapter III - at http://www.osha.gov/Firm_osha_data/100007.html.

Willful Violations. The following definitions and procedures apply whenever the CSHO suspects that a willful violation may exist:

(1) A willful violation exists under the Act where the evidence shows either an intentional violation of the Act or plain indifference to its requirements.

(a) The employer committed an intentional and knowing violation if:

1 An employer representative was aware of the requirements of the Act, or the existence of an applicable standard or regulation, and was also aware of a condition or practice in violation of those requirements, and did not abate the hazard.

2 An employer representative was not aware of the requirements of the Act or standards, but was aware of a comparable legal requirement (e.g., state or local law) and was also aware of a condition or practice in violation of that requirement, and did not abate the hazard.

C.2.d.(1)(b) The employer committed a violation with plain indifference to the law where:

1 Higher management officials were aware of an OSHA requirement applicable to the company's business but made little or no effort to communicate the requirement to lower level supervisors and employees.

2 Company officials were aware of a continuing compliance problem but made little or no effort to avoid violations.

EXAMPLE: Repeated issuance of citations addressing the same or similar conditions.

3 An employer representative was not aware of any legal requirement, but was aware that a condition or practice was hazardous to the safety or health of employees and made little or no effort to determine the extent of the problem or to take the corrective action. Knowledge of a hazard may be gained from such means as insurance company reports, safety committee or other internal reports, the occurrence of illnesses or injuries, media coverage, or, in some cases, complaints of employees or their representatives.

4 Finally, in particularly flagrant situations, willfulness can be found despite lack of knowledge of either a legal requirement or the existence of a hazard if the circumstances show that the employer would have placed no importance on such knowledge even if he or she had possessed it, or had no concern for the health or safety of employees.

(2) It is not necessary that the violation be committed with a bad purpose or an evil intent to be deemed "willful." It is sufficient that the violation was deliberate, voluntary or intentional as distinguished from inadvertent, accidental or ordinarily negligent.

(3) The CSHO shall carefully develop and record, during the inspection, all evidence available that indicates employer awareness of and the disregard for statutory obligations or of the hazardous conditions. Willfulness could exist if an employer is advised by employees or employee representatives of an alleged hazardous condition and the employer makes no reasonable effort to verify and correct the condition. Additional factors which can influence a decision as to whether violations are willful include:

C.2.d.(3)(a) The nature of the employer's business and the knowledge regarding safety and health matters which could reasonably be expected in the industry.

(b) The precautions taken by the employer to limit the hazardous conditions.

(c) The employer's awareness of the Act and of the responsibility to provide safe and healthful working conditions.

(d) Whether similar violations and/or hazardous conditions have been brought to the attention of the employer.

(e) Whether the nature and extent of the violations disclose a purposeful disregard of the employer's responsibility under the Act.