If a compliance officer conducts an inspection and finds violating work conditions, a citation will be issued. There are four categories of violation: (1) willful, (2) serious, (3) repeated, and (4) other-than-serious. If you would like to address steps to take before an inspection, see one of our previously written articles. According to our construction attorneys, these are the steps that you should take after an inspection.
Display the Citation
According to OSHA law, a citation must be displayed for 3 business days. You may be open on Saturdays and Sundays but the weekend is not considered as working days by OSHA. It must be posted near the place of violation to make all employees aware of the accrued hazard. If the violation takes more than 3 days to correct then the citation must be left posted until a resolution is brought to the hazard.
Have a Timely Response
If you decide to contest an inspection citation, you have 15 working days to do so. Don’t wait until the last minute to deliberate on the citation. If you decide to contest a citation, you must still keep the citation posted. The contest must be in writing. An Orlando construction attorney can also help you navigate and comply with contest requirements. Seeking legal help is valuable when considering a contest because of the time and resources required. Penalty reductions are also available for some citations. These reductions can be issued based on the contractor’s history of violations, the size of the contractor’s firm, and even on good faith.
Deal Appropriately With Employees
Do not take adverse action against any employee(s) near the cause of a citation. This action can produce additional inspections and potential lawsuits. If any worker is to blame, apply infractions in accordance with your established disciplinary policy and document all disciplinary actions.
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.