OSHA Citation Appeal

/OSHA Citation Appeal
OSHA Citation Appeal2018-11-15T11:02:26+00:00

Received an OSHA Citation?

We can appeal it!

You should be cautious whenever an OSHA official enters your work-site. This is even more important if an employee injury or death, or employee safety complaint is the reason OSHA is knocking. YOU HAVE A RIGHT to contest your Citation and Notification of Penalty by filing an appeal with the Occupational Safety and Health Appeals Board.You can and should appeal your OSHA citation. We will manage the OSHA appeal process for you. Don’t hesitate, if you miss the 15 working day deadline to appeal, the Citation and Notification of Penalty becomes a final order of the Appeals Board, not subject to review by any court or agency. We will help defend you and process your OSHA appeal.

Please don’t hesitate to ask us any OSHA related questions. We have a proven track record for reducing and/or eliminating OSHA citations and penalties while getting your company back in compliance and keeping it there.

Actual OSHA Citations. The Fines can be Steep! Protect Yourself!

Click below for some client examples of citations.

Definition:

Any alleged violation observed during an inspection will be classified as either “serious,” “general,” or “regulatory.” Depending on the circumstances, any of these violations may carry the additional designation of “repeat” or “willful.”

A serious (other than carcinogen) violation is one which presents substantial probability than an employee will suffer death or serious physical harm, unless the employer did not, and could not with exercise of reasonable diligence, know of the presence of the violation; or if the violation was minor and resulted in no substantial health hazard as determined by the Division.

A general violation is one which does not fit the definition of “serious,” but which does affect the safety and health of employees.

A regulatory violation is one which pertains to permits, posting, record keeping, or reporting requirements as established by occupational safety and health regulations. Examples of violations include such things as: failure to keep required records; failure to report work-related CAL-OSHA notice; failure to keep required records; failure to report work-related injuries or fatalities; failure to allow employees to exercise rights to observe monitoring or measuring; and failure to report use of a carcinogen.

The compliance Safety Engineer/Industrial Hygienist may issue a “citation,” “notice,” “special order,” or “information memorandum” to the employer during the inspection.

A citation is written for a violation which affects the safety or health of employees.

A notice in lieu of a citation may be issued when the violation does not have a direct effect on the health and safety of employees.

A special order is written to abate a hazard for which there is no existing standard. It is considered an “order to correct” and has the same effects as any standard, but it applies only to the employment or place of employment described in the special order. Failure to comply with a special order will result in a citation.

An information memorandum is issued where a condition exists which has the potential of becoming hazardous in the future.

An order to take special action is issued in situations where safety order exists and (a) states that DOSH may require an employer to take certain action if circumstances warrant, or (b) prescribes a specific manner in which the employer must comply with the safety order. An order to take special action is not a citation. Failure to comply with an order to take special action will result in a citation.