An OSHA inspector has paid a visit to your jobsite. Despite your pleasant demeanor and, perhaps, the presence of a Texas OSHA attorney, you receive a citation. While visions of money and reputation spiralling away may cause you to panic, you have a number of options for reducing or eliminating the fines.
In the first part of our series on handling OSHA citations, we provided a few basic steps for addressing this issue. In part two, we will go more in depth on strategies that will alleviate the pain caused by OSHA.
Understand Why You Are Being Cited
During the informal conference, the details of your citation will be explained. Ask questions. Bring in a Texas OSHA defense attorney to defend you. Carefully read through the language of the citation and the rule it applies to. Become an expert on it. There is a distinct possibility that the rule may not specifically apply to your company’s work.
Understand How Fines Can Be Reduced
There are a number of ways in which OSHA fines can be reduced. It’s your responsibility to understand the specific OSHA rule that you allegedly violated and know if the rule applies to your company’s work. For example, if you are a company of 25 or fewer employees, you can receive a fine reduction of up to 60 percent. You can also receive a reduction if there was limited exposure to the area that’s being cited.
Do Your Own Investigation
It’s helpful to investigate the areas that are being called into question independently to determine the validity of the citation and to show OSHA that you are making a good faith effort to keep your workplace safe. That “good faith” effort could even lead to a reduction in your OSHA fine. If necessary, hire a Texas OSHA attorney to assist you. They understand OSHA rules and can help you build a case to protect your interests.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.