HB NEXT understands the challenges that companies face attempting to provide a safe and legally compliant workplace. What separates us from our competitors is our ability to combine in-house legal counsel with the substantial field experience of our Consultants. All of our Consultants have extensive field experience in senior roles, at either large-scale commercial or residential construction projects or in general safety management. Our team’s technical knowledge of OSHA and other construction regulations makes HB NEXT uniquely qualified to provide comprehensive support and representation.
Defending Against OSHA Citations
There is no “get out of jail free” card from an OSHA Citation but they can be limited – or avoided entirely – through wise subcontractor selection and monitoring, good contract drafting, regular and frequent equipment or plant inspection, and proper documentation. Upon a credible, evidence-based showing, OSHA can withdraw citations. If a citation is withdrawn at the OSHA Area Office Informal Conference, you can avoid the expense and risk of litigation.
OSHA takes full advantage of worker language problems, communication failures, and lack of education. Workers shouldn’t be relied upon to explain the distinction between job site management personnel management – especially if their English language skills are poor. Getting questioned by a government official can also make a worker uncomfortable; even supervisors can get flustered if they’re not trained or experienced in handling an OSHA Inspection.
Timing is Critical
An OSHA Citation must be resolved by settlement or contested in writing within 15 business days. State-enforced OSHA programs have similar timetables. These deadlines are absolute, and can almost never be modified. HB NEXT recommends addressing the Citation as soon as it is received in order to determine and engage effective defense preparations.