Three Defenses Against an OSHA Violation

By Cotney Construction Law.

What you need to know to defend yourself against an OSHA citation. 

Employers have the right to contest OSHA citations. When employers take all necessary steps to protect workers, then workers are more likely to be responsible for preventable acts. Below are some steps employers can take to prepare their defenses and protect their business from potential OSHA citations.

Proof of Isolated Event

One of the most effective defenses an employer can take is that of an “unpreventable employee misconduct” or “isolated event.” To establish this defense, the employer must prove the following: a thorough safety program was established, communicated to employees, enforced, and the violation is a deviation from the safety program.

Institute Specific Rules

As an employer, maintaining a safe worksite for all employees should be a top priority. Make sure to institute your own guidelines and take into account OSHA-specific regulations. Your safety program should include all aspects of your industry, such as climbing, bending, stooping, lifting, exposure, etc.

Keep a Record

Implement a disciplinary program for anyone who fails to comply with the rules. Keep a record of the violators so if a case does arrive, you have a record of offenders, the re-training that was given to them, and the counseling provided to the worker. Having employees complete pre-shift assessments can also help workers recognize hazards.

A record of wrongdoings and how they were addressed can be substantial in proving your case. A comprehensive safety program and documentation of training and enforcement will help employers defend against citations since it is the employer’s responsibility to prove all precautions were taken to ensure the safety of workers.

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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.

About Cotney Construction Law 
Cotney Construction Law, LLP is a national construction law firm that advocates for the roofing industry. The firm serves as General Counsel to Florida Roofing and Sheet Metal Association (FRSA), Tennessee Association of Roofing Contractors (TARC), Roofing Technology Think Tank (RT3), National Women in Roofing (NWIR), and a number of local roofing associations. Cotney Construction Law’s practice areas include construction law, litigation, arbitration, contract review & drafting, immigration, employment, OSHA defense, licensing defense, bid protests, lien law, bond law and alternative dispute resolution. Learn more at www.cotneycl.com.