WILLFUL ELEMENTS DOCUMENTATION WORKSHEET


To properly classify a violation as willful, document the elements
of a willful violation based on either the employer's failure to
comply with the law (Definition A) or based on the employer's
willful failure to address a hazard (Definition B).


A:   WILLFUL FAILURE TO COMPLY WITH THE LAW

     Element 1: Employer knows what the regulation requires. 

     Evidence:                                                    
                                         
                                                                  
                                             
                                                                  
                                             
                                                                  
                                             

     Element 2: Employer intends to engage in conduct which the
     employer knows is in violation of a regulation.  

     Evidence:                                                    
                                         
                                                                  
                                             
                                                                  
                                             
                                                                  
                                             
 
B:   WILLFUL FAILURE TO ADDRESS A HAZARD

     Element 1: Employer is aware that a workplace condition
     represents a hazard.

     Evidence:                                                    
                                         
                                                                  
                                             
                                                                  
                                             
                                                                  
                                              

     Element 2: Employer made no reasonable effort to address the
     hazard.

     Evidence:                                                    
                                                                  
                                                                  
                                                                  
                                                                  
                                                           
                                                                  
                                                                  
                                                                  
                                                                  
                                                                  
                                                                  
                                                                  
                                                                  
                                                                  
                                                                  
                                                       
                                                                  
                                                            
     District Manager Approval               Date

                                             C-1B, Attachment D
                                             (08/01/94)