OSHA Law
If you know what the letters OSHA stand for, your business has probably been faced with responding to, or negotiating resolution of, an violation investigation by the Occupational Safety and Health Administration (“OSHA”). OSHA is a part of the United States Department of Labor. Congress enacted the Occupational Safety and Health Act of 1970 “to assure safe and healthful working conditions for working men and women ….” [cite] [Public Law 91-596, 84 Stat. 1590, 91st Congress, S.2193] Many businesses are not familiar with the standards related to their industry that OSHA enforces, nor the import of their obligations under these standards.
OSHA can show up at your business to initiate an inspection without prior notice. Should an OSHA inspector find violations, the Employer can be issued citations and fines. Employers do have the right to contest any citations and fines, including contesting whether a violation actually exists in the workplace. While OSHA fines under the OSH Act can be substantial, more far reaching is the ramification to an Employer that the findings of OSHA against an Employer can extend beyond OSHA proceedings to other court and administrative agencies as evidence of an Employers’ misconduct and negligence in a tort action. Taking OSHA standards and regulations seriously and responding to OSHA investigations and citations timely is crucial to circumventing harmful, continuing and costly effects on your business.
Should your company be faced with OSHA issues – whether a hazardous safety or health condition has been cited, or whether a serious injury or fatality has occurred on your job site, contact the attorneys at Hanshaw Kennedy Hafen to guide you through the procedural and legal intricacies of OSHA citations and compliance. We have assisted clients through various OSHA health and safety matters and have advised other clients on standards and compliance issues to protect their greatest asset, their business.
The attorneys at Hanshaw Kennedy Hafen have assisted many businesses through the testy OSHA violation waters when faced with catastrophic injuries or events on their job sites. When an employee (or former employee) makes an anonymous complaint to OSHA about your business, it can blindside productivity when an investigation is opened and an OSHA representative shows up in your reception area. From simple OSHA subpoena requests for information to full blown investigations, Hanshaw Kennedy Hafen can educate and guide you to protect your business now and in any future endeavors.
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