OSHA Defense
Viable Defenses for OSHA Citations
It’s enough that you received an unannounced visit from an OSHA inspector. What’s worse is when, a short time later, you received a letter confirming the violations that were mentioned in your closing conference.
An Alabama OSHA defense attorney will tell you to not accept the citation as a cost of doing business. Not only are OSHA fines expensive, they can greatly damage your reputation.
If you receive an an OSHA citation, it’s important to contact an Alabama OSHA defense lawyer as soon as possible. You will have 15 days from the time you receive the citation to address it. An OSHA lawyer will be able to employ a number of defenses to get the fine reduced or eliminated. These defenses include:
Employee Misconduct
This defense contends that non-compliance with an OSHA regulation is a product of employee error, rather than an issue within the system. To establish this defense, a company needs to verify that a formal safety policy is in place, along with a training program. The training program demonstrates awareness of the policy. It must also be noted that company officials were not aware of the violating behavior until after it occurred.
No Exposure to Violation
Companies can argue that their employees had no exposure to an area that OSHA is calling into question. If the violated area is locked away, companies can challenge OSHA and, possibly, win. Also, if a piece of equipment is cited but is not currently in use at the time of the citation, this defense can be applied.
Avoiding a Greater Violation
At times, companies can argue that an OSHA policy was violated in order to prevent a larger hazard. To prove this, employers must have proof that compliance with the particular regulation may lead to a hazard, that there was no other way to protect employees, and that seeking a variance would not be the appropriate action.
If you would like to speak with an experienced Alabama OSHA defense attorney, 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.