Workplace injuries, illnesses, and fatalities can occur no matter how many precautions are taken to avoid them. Meeting every legal requirement can be a challenge, and even the most conscientious employer can find themselves dealing with a severe injury or tragic event at some point at their workplace.
Today’s regulatory environment is indeed heightened, but our Texas OSHA defense lawyers are here to help.
Make Workplace Safety a Priority
A company’s workplace conditions are of primary importance to the Occupational Safety and Health Administration (OSHA). To promote safe conditions, OSHA has develops and enforces standards that employers must comply with. The agency also provides training, outreach, education, and compliance assistance to help companies stay in compliance. An investigation may be conducted if OSHA receives a complaint about a workplace accident or any allegation of unsafe working conditions.
Frequently Cited OSHA Violations
Ignorance of an OSHA standard is no excuse. Employers are responsible for staying abreast of OSHA’s changing regulations. Our Texas OSHA defense lawyers understand this can be a challenge for some employers. Becoming familiar with the most frequently cited violations found in companies across the United States in a given year is the best place to start. The top five violations include issues with fall protection, hazard communication, scaffolding, respiratory protection, and Lockout/Tagout. There are more violations to be cognizant of on the OSHA website.
Contesting a Citation
An issued citation does not mean an employer is guilty of a violation. With a proper defense, you can contest an OSHA citation. A violation must be contested within 15 days from the date of issue by submitting a Notice of Contest in writing. Three common defenses to a citation include employee misconduct, the impossibility defense, and the greater hazard defense. We strongly advise counseling with a Texas OSHA defense lawyer for assistance to ensure you meet the filing deadline and to avoid the enforcement of the citation.
Texas OSHA Defense Lawyers On Your Side
An OSHA investigation should be taken seriously by employers. An OSHA inspection is typically unannounced, therefore, employers need to be thoroughly prepared in advanced. It takes the help of a knowledgeable OSHA lawyer to ensure nothing falls through the cracks.
Our firm has assisted employers with OSHA-related issues for over a decade. Employers have entrusted us as their partners to help protect their business. We help employers with safety planning, preparing for inspections, the claims process, representation at informal hearings, and provide violation defense.
If you would like to speak with an experienced Texas OSHA defense lawyer, please contact us at 1-866-303-5868, or submit our contact request form.
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.