If you plan to oppose an OSHA citation, we can’t stress enough the importance of contacting an OSHA attorney when you receive a citation. There are various steps you can take to protect yourself. We’ll conclude this two-part series with five more tips to help you handle an OSHA citation. Visit Part 1 to view the first five.
1. Keep Records
OSHA already has strict record-keeping requirements. It’s important that you have thorough records as a defense to against citations. You should always be able to show proof that you have safety procedures in place as well as your diligence in enforcing those procedures.
2. Consider the Affects on Your Business
An OSHA citation can affect your business in negative ways. A citation can affect your company negatively by putting you at risk for increased penalties for repeated violations. Another negative effect could be increased or loss of insurance. This is why we recommend contesting a citation instead of automatically accepting the citation.
3. Get an OSHA Defense Attorney
With the help of one of our defense attorneys, you can fight a citation. The lawyers of Cotney Construction Law have extensive experience and expert knowledge of OSHA standards. We can help you navigate the citation process so you can get back to operating your business.
4. Get Fines Reduced
OSHA has increased fines and penalties of those who violate safety standards. An addition to contesting the citation, you can attempt to get your fines reduced. OSHA may consider reducing fines based on the size of your company, or if you haven’t received citations in the last five years. Other ways to reduce fines would be to you show that you have kept accurate records, have completed safety trainings, and established safety rules on your job site.
5. Know Whistleblower Rights
OSHA takes the rights of workers seriously and gives workers the right to review injury records, speak to inspectors, and report safety complaints. If the citation you receive is a result of an employee complaint, you must make sure you do not retaliate in any form or you could receive additional penalties.
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.