The Occupational Safety and Health Administration (OSHA) was created after the OSH Act of 1970 in an effort to “assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act…” Although many businesses strictly abide by the regulations provided by OSHA, nearly two-thirds of all inspections result in citations for issues relating to fall protection, scaffolding, and respiratory protection, among other common violations.
If your jobsite has been cited for a compliance-related issue, an OSHA defense attorney can help you navigate the next steps. In this brief article, OSHA defense lawyers with Cotney Construction Law will discuss several of the benefits of partnering with a construction law firm for OSHA defense.
Assistance After a Citation
When your jobsite receives a citation, it can be difficult to understand your company’s rights. OSHA defense attorneys will review the citation and evaluate whether or not you can contest the citation. You have 15 days following the issuance of a citation to file a Notice of Intent to Contest, which is the process of contesting the citation, penalty, or abatement date. Because of the short window to appeal a citation, you should contact legal counsel as soon as you receive a citation.
After receiving a citation, a construction lawyer can help you outline your legal requirements, including OSHA’s posting requirements. Additionally, legal counsel can offer insight into why you received the citation and represent you in any hearing related to the citation. Your attorney will also discuss how penalties can be reduced through the appropriate corrective actions.
Assistance With Preventing Future Citations
If you choose not to contest an OSHA citation, our OSHA defense lawyers can discuss the best course of action to remedy current issues and prevent future violations. OSHA defense attorneys are specifically trained in hazard identification and safety initiatives. We can ensure that your jobsite has the required personal protective equipment (PPE), injury and illness records, and training requirements outlined in the OSHA Standards and Training Guidelines. Your attorney will also help you understand required forms, including OSHA Form 300, OSHA Form 300A, and OSHA Form 301..
OSHA attorneys can also assist with conducting third-party safety audits to ensure that your jobsite is safe and that commonly missed regulations are addressed. Furthermore, in the event of a safety issue, injury, or fatality at your worksite, your OSHA attorney will help you investigate the circumstances.
The OSHA defense lawyers from Cotney Construction Law know the steps your business should take to defend against OSHA violations. Trent Cotney has represented contractors, subcontractors, suppliers, manufacturers and other professionals in the construction industry in all phases of OSHA-related legal matters. The Cotney Construction Law team will walk you through every step of the inspection process and help find solutions to prevent future citations and keep your employees safe.
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.