While construction professionals understand the importance of keeping a safe job site, a visit from the Occupational Safety and Health Administration (OSHA) constantly weighs on their minds. OSHA may come to the construction site, issue a citation, and delay a project. A Wichita OSHA defense attorney can help you before or after an inspection.
Consult a Wichita OSHA Defense Lawyer
Being proactive about safety can help prevent OSHA violations. If you know an OSHA inspection is going to take place on your job site, it’s useful to prepare using all the resources at your disposal. An attorney with OSHA regulation experience can provide valuable insight into standards and possible hazards.
The most common OSHA violations on job sites include:
- No fall protection on scaffolding, roofs, or platforms
- Missing personal protective equipment (PPE) like hard hats, eye protection, and respirators
- Lack of hazard communication and missing material safety data sheets
- Unsafe use of ladders and unsecured ladders
If your job site is cited for an infraction, it can be a stressful situation. A Wichita OSHA defense lawyer can help you take the right steps after posting the citation. Your attorney may set up an informal conference with the OSHA area director. This can give you a better understanding of the violation or standards that apply to the citation you received.
Contest a Citation
You may have received a citation that you believe is incorrect. You have the right to file a Notice of Intent to Contest with the area office within 15 business days. Your attorney can help you properly contest the citation. They can help you understand the severity of the case and any effect it could have on your construction project.
Defense for OSHA Citations
Even with the best training and skilled workers, accidents can happen on the construction site. There are defenses a skilled Wichita OSHA defense lawyer can employ that may reduce or eliminate the fines associated with OSHA violations.
Just like any place of employment, not all employees follow the rules. Employee misconduct may be a viable defense if you have documentation of a formal safety training program that displays the employee’s knowledge of the policy.
It can be argued, under certain circumstances, that an OSHA regulation was violated to prevent an even more dangerous hazard. There must be evidence that complying with the policy would have caused more danger to employees and that applying for a variance would not have been the best course of action in the situation.
If the section of the construction site with the violation is not used by employees, it may be found that employees had no exposure to the violation. Your attorney can help you prove that employees were not in danger.
If you would like to speak with a Wichita OSHA defense attorney, please contact us today.
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.