OSHA and the Construction Industry
The purpose of the Occupational Safety and Health Administration (OSHA) is to put regulations in place that promote workplace safety. While all workplaces come under their purview, the construction industry is a point of emphasis because of the potential for injury on many jobsites. Each year, the construction industry accounts for 20 percent of all workplace fatalities. Safety on construction sites is critical to OSHA and they work vigorously to ensure that their regulations are followed.
How Inspections Work?
Most inspections are randomly done, however, OSHA may come out to your jobsite for an inspection if an employee files a safety complaint, after an employee is killed on a jobsite, after an incident leads to the hospitalization of three or more employees, based on a government agency referral, or as a follow-up to a previous inspection. The inspection consists of three parts, the opening and closing conferences and the walkaround. Based on their findings, an OSHA inspector may issue an “apparent citation” and recommendations for correcting the violation. A Fort Lauderdale OSHA lawyer can either provide tips for preparing for an inspection, be present at the inspection, or help with next steps should a citation be given.
Next Steps if You Receive a Citation – Contact a Fort Lauderdale OSHA Attorney
If you receive an OSHA citation, it’s important that you contact a Fort Lauderdale OSHA defense attorney immediately. His knowledge of this complicated process is instrumental to achieving a positive outcome. Here are a few tips to consider when dealing with OSHA violations:
File a Notice to Contest: This is a written notice notifying the OSHA area director that you are contesting the citation. This should be done within 15 days of receiving the citation or else a penalty will be enforced.
Request a meeting with the OSHA Area Director: This is an informal meeting that will give you a better understanding of the citation and can help you build your case. It’s important to have a Fort Lauderdale OSHA attorney present for this meeting.
Make OSHA Provide Proof: It’s your responsibility to hold OSHA accountable for the reasoning behind their citation. You can formally ask them to provide proof of the violation.
Post Citation Notice: OSHA requires that you post their citation notice at or near the place where the alleged violation occurred. Not doing so can lead to penalties.
If you would like to speak with one of our Fort Lauderdale OSHA attorneys, please contact us at 954.210.8735, or submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.