Receiving a citation from the Department of Labor’s Occupational Safety and Health Administration (OSHA) can be a daunting experience for any company. In addition to carrying significant financial penalties, OSHA citations can cause lasting harm to your company’s reputation. If you receive an OSHA citation, it is important to know that you have the right to contest it. In many cases, an experienced OSHA defense lawyer can help you negotiate a modification to the citation, or even get the citation vacated. However, as strict deadlines apply for contesting a citation, timely action is crucial.
What are OSHA citations?
OSHA inspects workplaces to ensure they meet all required health and safety standards and are free of recognized hazards. When an inspector discovers workplace hazards and/or violations of standards, the agency may issue a citation or citations to the employer. Citations, which must be issued within six months of the violation’s occurrence, typically describe the violation and the specific standards or regulations that were allegedly violated. These documents also include proposed fines and a deadline for correcting the alleged violation(s).
Categories of Violations
OSHA groups violations into several categories. When a workplace hazard could cause a serious or fatal injury or illness, and the employer knew about it or should have known about it, the violation is considered serious, Other-than-serious violations are those that have a direct impact on health and safety but are not serious in nature. Willful and repeated violations are the most heavily penalized. Willful violations refer to violations in which the employer either purposely disregarded a legal requirement or acted with plain indifference to employee safety.
Fines for willful or repeated violations can be as high as $161,323 per violation. The maximum fine for serious and other-than-serious violations is $16,131 per violation. Many factors can impact the amount of the fine, including the size of the organization, the employer’s good faith cooperation, and the gravity of the offense.
Contesting a Citation
When you receive an OSHA citation, you have 15 days to submit a formal written appeal.
Depending on the circumstances, you can appeal the entire citation or part of it. You can appeal the alleged violation(s), the penalty amount, or the deadline given for any abatements. OSHA citations can be challenged on several grounds, such as if you dispute the accuracy of the allegations or if OSHA failed to follow proper procedures during the inspection process. An experienced OSHA defense lawyer can guide you in preparing your case and gathering and presenting new evidence to support your claims.
The first step in the appeal process is typically an informal conference with OSHA representatives. Depending on the circumstances, we may be able to negotiate a settlement, such as one that includes a reduction in fines or a reclassification of the citation to a less serious category, such as from “Willful” to “Serious.” If no acceptable settlement is reached, the case will proceed to a formal hearing before an administrative law judge, who will hear evidence from both sides and render a decision. The judge’s decision can later be appealed if necessary.
The OSHA lawyers at Pappas Grubbs Price PC have represented hundreds of clients across Texas and beyond in OSHA investigations, settlement mediation, litigation, and appeals. Few law firms in the United States match our expertise in OSHA defense. For assistance with your OSHA matter, contact the OSHA attorneys at Pappas Grubbs Price.
