It is regulated by the Occupational Safety and Health Administration to train, educate, outreach and assist employers and workers to ensure healthy and safe working conditions for both men and women. Regrettably, those services are often overlooked due to OSHA having an obligation to enforce workplace federal safety standards. OSHA uses its police powers in enforcing safety standards by issuing employers citations, and this makes employers often feel that they are at the mercy of regulators with expectations much less than real world. Manufacturing of any kind, be it building construction or fabricating components – is tough! And most of the employers taking up this work, try their level best to ensure the safety of their workers. However, often there is one OSHA inspector with unrealistic expectation who seeks to impose punishment and fines, nevertheless. The question is – what can employers do when some OSHA citations are issued, which employers believe shouldn’t have been issued?
Thankfully, there is a chance employers can fight the citations if they think they are inappropriate. OSHA needs to prove a case, if penalty is to be imposed and cited employers can challenge the proof and offer their defenses. There are many instances when employers have successfully beaten OSHA, and to do so, employers HAVE to be prepared on day one. To start with, a strong compliance program is inevitable. Post that, employers need to assure that it is enforcing its compliance program. Finally, when the employer receives the citation, it should necessarily have strong counsel knowledgeable of not only the factual discrepancies contained in the OSHA citation and corresponding documents, but also of the affirmative defenses available to the employer.
Join this session by expert speaker Zach Jones to go through the citation process and understand the steps to be taken that will help mitigate, defeat and avoid an OSHA citation, especially when that citation is issued wrongfully. The best way to protect yourself against untrue OSHA citations are to understand it clearly before the arrival of the OSHA inspector at your jobsite, and this will help you protect yourself against having improper punishments and fines levied on your business. The session will help you gain valuable insight about the OSHA citation process, explain successful OSHA citation defenses and you will also know the importance of a strong compliance program.
Who Should Attend
Zach Jones is a construction attorney in Louisville, Kentucky, with the firm of Stites & Harbison who represents contractors across the country and around the world. Prior to becoming an attorney, Zach was a project engineer and estimator for W.L. Hailey & Company (now Layne, ENR Top 400 #53). Havin... More info