The Occupational Safety and Health administration (OSHA) is charged with training, outreach, education, and assisting workers and employers to ensure safe and healthy working conditions for men and women. Unfortunately, often those services end up being overlooked due to OSHA’s obligation to also enforce federal safety standards in the workplace. When OSHA does use its police powers to enforce a safety standard by issuing a citation to an employer, often employers feel they are at the mercy of regulators with less than real world expectations.
Building construction projects, fabricating components, or manufacturing of any kind is tough work. Far and away, most employers who undertake such work do so while trying their very best to ensure their workers are safe. Nevertheless, too often these well-intentioned employers find themselves on the receiving end, incurring fines and punishment which appear to be no more than a result of the OSHA inspector’s unrealistic expectations.
The question becomes what can an employer do when OSHA issues citations which the employer believes should not have been issued?
Fortunately, employers can fight the citation. In order to impose a penalty, OSHA has to prove its case. And the employer who is cited has the opportunity to challenge that proof and offer its own defenses. Employers have successfully beaten OSHA in many, many cases. To do so, however, requires that the employer be prepared on day one. Of course, the starting place is a strong compliance program. After that, the employer needs to ensure that it is enforcing its compliance program. Finally, when the employer receives the citation, it needs to have a 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.
This presentation by Zach Jones will guide employers through the steps to defeat an OSHA citation, when that citation is wrongfully issued. The presentation will also address the importance of compliance programs. Understanding these steps before the OSHA inspector shows up at your jobsite or plant is the best way to protect against having improper fines and punishment levied against your business.
In this program, you will learn:
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