Employees deserve the right to work in a safe environment free from the possibility of a workplace injury or even death. But, as the owner of a construction business, you may not always be aware of safety violations on a job site or within your facility for a number of reasons, such as human error, employee carelessness, or misfiled documentation. The disregard of company and federal policies may be at the root of some violations, but often violations are a result of unintentional noncompliance. Whichever the case, the fact remains the same, if an OSHA inspector showed up unannounced, as they most likely will do, you will be held liable and assessed severe penalties regardless of your direct knowledge or role in the violation. For these reasons, it’s crucial to seek the representation of an OSHA defense lawyer in Bradenton, who can begin defending your business immediately following a violation to avoid costly interruptions to your business operations.
Contesting an OSHA Citation
At the end of every OSHA inspection, the compliance safety and health officers who conducted your inspection will provide an overview of violations they found during their walk through of your facility or job site and citations that correspond with the issue. Violations will be defined as either other-than-serious, serious, willful, repeated, or failure to abate. OSHA has up to 6 months to send this official citation with the proposed penalty and deadline for correcting the hazard, but to best protect your firm, you should contact your Bradenton OSHA defense attorney, who can begin gathering evidence that can be used during informal meeting with the OSHA Area Director and during official hearings should they be necessary to contest the citation, penalty, or abatement period. An official Notice of Contest must be sent to the Area DIrector, who will forward the information to the Occupational Safety and Health Review Commission The Commission will then make a decision on how to proceed with your case. The Notice of Contest must be filed within 15 days of the official OSHA citation receipt or your firm will forfeit the right to contest the violation.
OSHA Citation Defense from Trent Cotney, P. A.
Our Bradenton OSHA defense attorneys from Trent Cotney P. A. begin working to protect the livelihood of our construction client’s businesses the minute a general safety and health compliance officer holds their closing conference announcing their findings from a walk through where safety violations were found or following an on-site accident that involves a subsequent OSHA investigation. Our legal team is highly knowledgable of the OSHA inspection process and can organize an informal conferences with the Area Director or formally contest the citation by filing a Notice of Contest. Trent Cotney is also known throughout the state of Florida for conducting speaking engagements and OSHA seminars to provide construction industry professionals with the latest information regarding OSHA legal defense.
To speak with a qualified Bradenton OSHA defense attorney, please call us at 813.579.3278 or complete 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.