OSHA Is the abbreviation for the Occupational Safety and Health Administration, the agency from the Department of Labor. It is responsible for ensuring safety at work for all employees and a healthy work environment.
OSHA’s mission is to prevent work-related injuries, illnesses, and deaths. OSHA requires employers provide their employees with working conditions that are free of known dangers.
OSHA is responsible for making sure its standards are being met by businesses. Notwithstanding, it is impossible for them to inspect every business. The government schedules OSHA inspections as follows:
Inspections are conducted by compliance officers. They typically are done without advance notice by state compliance inspectors.
Although a prior announcement isn’t necessary, workplace inspections generally must be conducted at a reasonable time, typically during the employer’s normal work hours, and in a reasonable manner.
Yes. When an OSHA compliance officer arrives at your workplace to conduct an inspection, you have the right to request their warrant. If they cannot provide you with their warrant, you have the right to deny entry.
OSHA may get a warrant from a judge. If you allow them entry without asking for a warrant, or let them conduct their search despite not having a warrant after you’ve asked for one, you voluntarily consent to the search.
Businesses who are considered low-risk industries may be eligible for the small business exemption. Businesses with 10 or fewer employees are exempted from programmed inspections so long as they have an occupational injury lost workday rate lower than the national average. The national average is published by the Bureau of Labor Statistics.
If a workplace violation is found, OSHA will issue you a citation. The citation charges you with a particular violation. It will also set a time for abatement or correction of the discovered violation. The citation will also include any proposed penalties.
It’s important to remember that citations are only issued to employers, even if the violation was created or caused by an employee.
Yes, you can contest the citation before the Review Commission. You also have the option of negotiating with OSHA to have the citation or penalties amended or withdrawn, or correcting the violations and paying any penalties.
You can defend against a citation by showing any of the following:
OSHA sanctions can be very severe and difficult to fight. If you are facing an investigation, a local employment attorney can help you meet OSHA requirements.
If you were recently inspected, consult with an employment lawyer as the inspection is the beginning of a multi-step process and you may have some defenses.
Last Modified: 05-04-2018 02:05 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.