OSHA violations can lead to significant fines that negatively impact your construction company’s cash reserves. Fortunately, it is possible to appeal OSHA citations to have violations reversed or to reduce the penalty. In this brief editorial, we’ll provide some tips on appealing an OSHA citation. For a legal advocate who is well-versed in OSHA law and can provide assistance with an inspection, defense against a citation, and more, contact an OSHA defense attorney from Cotney Construction Law.
Related: 7 Ways to Avoid OSHA Citations
Show Your Company’s Excellent Safety Record
If it is your company’s first OSHA citation or if you have an otherwise excellent safety record, it is possible to try to appeal an OSHA citation by providing evidence of your company’s safety history. Create documentation about what safety programs are in place and your low rate of worker injuries on job sites. It’s important to demonstrate what systems, policies, and procedures you have in place to maintain consistently safe work environments.
Prove Limited Exposure for Employees
If the incident that caused the OSHA citation only presented a danger for a small fraction of your workforce, it could help to reduce the perceived hazard. Since penalties can be associated with the number of employees exposed, this could help you to appeal your case. The more employees your company has in general, the higher the penalties could be. Some companies choose to downsize their workforce to possibly reduce financial penalties this way.
Ask for a Fine Reduction
You could always ask your lawyer to pursue a fine reduction for your OSHA citation. There are many different grounds that a Tennessee OSHA defense lawyer could use to justify why OSHA should honor the request for a fine reduction. You never know if a fine reduction is possible until you ask. OSHA’s job is not to be punitive and to ruin businesses financially. It’s to ensure that worksites are the safest that they can be. Discuss with your lawyer about how to proceed with asking for a fine reduction.
Comply With Recommendations and Fix Safety Hazards
In general, it is in your best interest to try to show OSHA that you are working diligently to comply with recommendations and fix any safety hazards that might be present on the job site. If you come across as willing to make the necessary changes to improve safety, OSHA might be more willing to work with you and accept a favorable appeal. Be careful to document all of the safety changes that you implement.
Sometimes, it is possible to appeal an OSHA citation. If you have questions about the OSHA appeals process, contact the Tennessee OSHA lawyers at Cotney Construction Law.
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.