Hiring an OSHA attorney is extremely beneficial for your company, especially if you have the attorney on board before an unscheduled OSHA inspection takes place. Having an attorney who has been trained in OSHA defense will be a great asset for you, because they are aware of all the OSHA regulations and requirements and they can help with the proceedings of the inspection, and if any citations are found.
When the OSHA inspector arrives for an inspection and does not have a search warrant, you have the right to inform them that you will call your OSHA attorney to come and be present for the inspection.The inspector can then either leave to acquire a search warrant, or they can wait for your OSHA lawyer to arrive.
A tip on being prepared before the inspection is to have a preemptive meeting with your OSHA defense attorney. Your lawyer can walk you and your team through the steps for getting ready for a surprise OSHA inspection. Your lawyer will let you know exactly what you and your employees can expect during the inspection, what to have ready (i.e. your safety log, a camera, and a notebook), and how to handle the situation. Having an OSHA attorney go through these key things, and being present at the inspection, can significantly make you more prepared.
In the event that your company does receive citations from the OSHA inspection, having an OSHA attorney at hand will be very helpful. The penalties for OSHA violations are serious, and hard to challenge on your own. An OSHA attorney brings plenty of experience working with OSHA rules and regulations to the table, and can help you meet all of the OSHA requirements. They can also help you defend any claims that are brought against you, as well as help you fight any wrongful citations for violations. Your OSHA attorney will help you file a Notice of Contest, letting the OSHA Area Director know that your company will be contesting a citation. The Notice of Contest must be filed within 15 days of getting a citation, otherwise, the penalties will be enforced.
At Cotney Construction Law, we know that dealing with OSHA citations can be exasperating and intricate, which is why hiring an experienced Tampa OSHA defense attorney to help can make the process easier for you and your company.
To schedule an appointment with one of our OSHA defense attorneys, please call us at 813.579.3278 or submit our contact request form to request a consultation.
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.