Timing is Critical When Confronting the Possibility of an OSHA Citation

Dealing with OSHA can be extremely taxing on you and your company if you do not address citations in a timely manner. It is extremely important to understand what steps you need to take and the timeframe that you have for action.  HB NEXT’s legal counsel, Andrew Gross, discusses all the necessary steps companies need to take when confronting the possibility of an OSHA citation.

“OSHA Citations must be addressed as soon as received in order to determine and engage effective defense preparations. If you’ve done your homework, prepared properly, and assembled supporting records, OSHA can and will withdraw the Citation at the Informal Conference in the Area Office that issued the Citation. If withdrawn, there won’t be any need to file a Contest and incur the additional expense and risk of litigation.

Citations must be resolved by settlement or contested in writing within 15 business days of receipt. In states where OSHA standards are enforced by a state agency, there are similar short timetables. These deadlines are absolute and can almost never be modified.

Better still, don’t wait for a citation to appear in the mail. When you learn that OSHA has inspected your jobsite, begin your own investigation immediately. Promptly determine whether the facts support a citation, and if so, whether you may have a valid defense. The time to get the facts is while they are still fresh in everyone’s mind. HB NEXT can help assess your situation and assist in planning an appropriate defense in anticipation of a citation.

Don’t forget to take immediate corrective and enforcement action, if indeed you determine that employees were exposed to a hazard. Employees or subcontractors who violated Company rules should be disciplined in accordance with Company discipline policies. If all else fails and there is no likely defense, proactive remediation and enforcement of your safety policy shows good faith and can reduce the penalty.”

If you have any further questions or concerns about OSHA citations, please contact HB NEXT! We have a team of professionals that can assist with all of your legal needs.

Safe & Sound Week: Show Your Commitment to Safety

HB NEXT is proud to take part in Safe & Sound week!  We encourage everyone in our industry to participate in this week of safety awareness.

Safe and Sound week is a cross country awareness campaign to facilitate the understanding of the “Value of Safety and Health Programs”. These health programs could include, but are not limited to: worker participation, management leadership, and systematic approach to fixing hazards in the work environment.

We participate in this week of awareness for one definitive philosophy: Safe Workplaces are Sound Businesses. Being proactive when it comes to safety is what sets successful businesses apart from failing ones. Safety and Health Programs can help identify hazards before the incident happens. Companies who take part can help save employees from injury or illness.

HB NEXT encourages everyone to visit the OSHA Website on Safe and Sound week to learn more about the initiative.

Contact HB NEXT if you need assistance creating a Safety Program or a customized Training program for your company.

From all of us at HB NEXT be safe!