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BUT WHAT IF YOU RUN AFOUL OF OSHA?
27 January 2009
The truth of the matter is that the average small or medium-sized employer will never see an OSHA Compliance Officer in the life of the business. On the other hand, if you have a serious accident or fatality, or if you are in the news for some safety-related problem, or an employee files a complaint against you, you might see a Compliance Officer tomorrow. Your IWLAIC Safety Manual has a chapter on how you should prepare for an OSHA inspection, and what you should do if you receive a complaint notice by fax from OSHA, or if an OSHA Compliance Officer shows up at your door. It is important to read this section in advance, so you will be ready when the time comes…
But, what it you do get a Citation and penalties (fines) as a result of an OSHA inspection? Taking a proactive approach to safety and health NOW, before an OSHA inspection, not only ensures a safer workplace, but can also help employers mount a successful defense in response to any proposed OSHA citations and penalties. Here is an article on this topic (be sure to see both pages, look for blue links at the bottom of the text):
http://www.ehstoday.com/standards/osha/osha_citations_proposed
DISCLAIMER: The purpose of a Safety Program is to help you comply with the safety standards of OSHA, and, thus, avoid being cited for OSHA violations. However, once you have been cited, especially in the case of citations for alleged serious or willful violations, dealing with OSHA becomes a legal matter. In some cases, penalties of thousands or even tens of thousands of dollars are at stake. In these cases, you need legal advice from a competent attorney skilled in OSHA law, and you should consider consulting such an attorney immediately after the OSHA inspection. Nothing in this document is intended to constitute legal advice.
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