Receiving an OSHA citation and having your job site inspected can be stressful; however, it can be a great opportunity to improve workplace safety. We hope this two-part article will help employers navigate the post-inspection process more successfully. Read part one for the beginning of the article.
Contest the Citation
If you feel the citation is unfounded, you have the right to file a written notice of contest with the area director. The notice must be filed within 15 working days. Contesting a citation will require time and money depending on the severity of the case. Consult with one of our OSHA lawyers to request an informal conference and to get a better understanding of the impact a violation could have on your business.
Under OSHA law, employees have the right to report suspected violation. Employers must be avoid retaliating, or any appearance of retaliation against an employee who has submitted a complaint. If an employer harasses, terminates, or participates in any adverse action against an employee, they can be sued and face more penalties. If you have been accused of retaliation, it is critical that you contact our OSHA attorneys.
Enforce Safety Policies
Although an employer may be facing an OSHA citation, it is vital to continue enforcing safety policies as well as appropriate disciplinary actions as outlined in your safety program. Disciplinary action is not the same as retaliation. If an employee requires discipline for breaking a safety policy, be sure to document the incident thoroughly.
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.