What To Expect After an OSHA Citation
Have you recently received a citation for a violation of OSHA regulations and looking for more information on what your next steps should be? First and foremost, it is critical that you reach out to an experienced OSHA attorney before making another move. Depending on the violation that occurred, the aftermath of an OSHA citation can be severe and detrimental to your business.
If a violation is discovered during an OSHA inspection, the compliance officer will then discuss with you the nature of the violation, possible measures to take to correct the violation(s), and possible abatement dates that you may be required to meet. The employer can correct the condition by the date set in the OSHA notice or they can request an Informal Conference within 15 working days from the date the OSHA citation was received.
Types of Violations:
- Willful: a violation in which the employer knowingly failed to comply with a legal requirement or acted with indifference to employee safety.
- Serious: a serious violation is when the workplace hazard could cause an accident or illness that would most likely result in death or serious injury, unless the employer did not know or could not have known of the violation.
- Repeated: If your company is cited for a violation that has been cited previously for the same or similar condition.
- Other-Than-Serious: A violation that has a direction relationship to job safety and health, but is not serious in nature.
After receiving your OSHA citation notice, you must post a copy of the notice on the job site where the violation occurred to inform employees of the unsafe hazards. The OSHA notice must be posted for three working days, or until the hazard is abated.
An informal conference with the OSHA Area Director may be beneficial for the following:
- There is a misunderstanding of the applicable standards and a more in depth explanation of the violation is needed;
- Instruction for correcting the violation(s)
- Details on how to resolve disputed violations
- Questions about employee safety practices
Remember, there are a number of steps that an employer must take once the citation is posted at the job site, so it is important for you to speak with a knowledgeable and experienced OSHA attorney to review your options.