Here Are Some Highlights... - 10/28/2019

Safety E-QuickTips

U.S. Compliance Systems, Inc.

Monday, October 28, 2019

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Here Are Some Highlights...

For the past 7 weeks we’ve been reviewing the OSHA citation process.If you’ve been following along, you’ve probably noticed the process can be long and drawn out.

But thankfully for most employers, visits from OSHA are few and far between.

That being the case, most employers find themselves at a disadvantage when OSHA shows up and throughout the process.

Why is that?

Because OSHA and their compliance officers do this every day – it’s their job.

Today I thought I would do a short recap of some things you might find helpful should your company experience an OSHA visit.

Here are some highlights that you might want to share with your management – just in case:

  • OSHA has up to 6 months to issue a citation from the date they open an inspection. That’s a long time for you or your management to remember exactly what took place the day of the inspection.
  • If OSHA visits your workplace, always document (in detail) what they look at, who they talk to and specifically what they say.OSHA will be taking notes.
  • OSHA is an enforcement agency, so if a compliance officer finds a violation, your company will be receiving a citation unless you have shown the compliance officer that it was an isolated incident of employee misconduct. Even then you might still receive a citation if the compliance officer or his/her supervisor does not believe you’ve met all the requirements.
  • If you receive a citation, you have 15 federal workdays to either enter into an Expedited Informal Settlement Agreement (EISA), an Informal Settlement Agreement or to contest the citation. It MUST be done in writing.
  • If you agree to the citations issued by OSHA, they will be held against you on future visits for a period of 5 years.This can lead to repeat or willful violations.
  • If you are unable to come to an agreement with OSHA regarding your citations within the 15 day contest period, contesting the citation will provide you additional time to review all the facts and resolve the citations in a way that is agreeable by all parties.
  • YOU DO NOT need an attorney or a representative to contest a citation; you can do it yourself.
  • Contesting a citation does not mean you are going to court, no matter what OSHA says. It only means you are entering a legal process.Very few cases ever go to court because no one, not even OSHA, has any interest in going to court.
  • And last, but not least, OSHA is not always correct in the citations they issue.

If you have questions regarding any portion of the OSHA citation process, email me at keith@uscompliancesystems.com.

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Thanks for Reading and Please - Work Safe This Week!

Contact Information

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U.S. Compliance Systems, Inc.
Phone: 1-888-475-5353
Fax: 1-888-925-5353
Website: www.uscompliancesystems.com
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