Options After OSHA Violation
OSHA stands for the occupational safety and health administration. OSHA sets and enforces the standards, provides training, and encourages continual improvement in the work place safety and health conditions standards. In other words, OSHA does not focus only on the enforcement, but performing inspections too. OSHA works with employers to insure that the work place is a safe and healthy environment.
Other People Are Reading
-
Appealing the Verdict or Citation
-
If a citation has been given that you do not agree with, as an employer you have the right to appeal the decision. When your citation and notification of penalty are received, you must post a copy of the citation near the place where each violation occurred. This is to make employees aware of the hazards to which they may be exposed. The citation must be posted for up to three days or until the violation has been corrected. This needs to be done regardless of your decision on handling the problem. If you appeal, all the facts in the case are considered. This includes the consideration of the alleged violation, the impact on the employees, the classification of the violation, the method of abatement and the cost of the abating. The employees and their families will be notified of the citation and possibly be called to answer questions in the appeals process.
Agree to the Citation and Penalty
-
After a citation is issued and you agree to the accusation or charge, promptly notify the OSHA area director by sending a letter signed by a member of management that you have taken the appropriate corrective action. The notification that you send out to the area director is known as an abatement certification. Make sure you pay your penalty fine on time or before the due date. The OSHA will then come back and re-investigate and check up to see if you have followed through with your end of the bargain. This process can mean demo and reconstruction or could mean a more organized and productive work place, with safety measures being enforced.
-
Informal Conference and Settlement
-
An informal conference can be requested before you decide to file a Notice of Intent to Contest. This is a conference with the OSHA area director to discuss the citation and notification of penalty. This gives you the opportunity to get a better description of the violation, negotiate and enter into an informal settlement agreement, discuss ways to correct the problem, discuss concerns about the abatement dates, and discuss safety practices for the work place. This is the time and place to get any of your questions answered before you make your decision to appeal or agree with the citation and penalty.
-
