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What are the defenses that an employer may raise to an OSHA citation?
Wiki User
∙ 13y ago
Possible defenses to an OSHA citation include:
- not a recognized hazard
- uncontrollable employee misconduct
- misunderstanding of the situation by the OSHA inspector and there actually was no violation
Wiki User
∙ 13y ago
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When the employer receives in OSHA citation it must be?
The citation must be posted in the workplace until it has been abated or withdrawn.
How long must an employer post a OSHA citation at or near the area the violation occurred?
30 days
When the employer receives an OSHA citation what to do next?
If an employer feels that they have been treated unfairly with a citation from OSHA, then they can try to have it appealed. You can do this by contacting OSHA with the information outlined on your citation.
What does a citation have to do with safety?
An OSHA citation informs the employees and employer of regulations that have being violated in work place, and paves the way for levying of fines and for legal action, if needed, to force compliance with the regulations.
What would happen if employer and employee fails to comply with OSHA regulations?
If an employee fails to comply with OSHA regulations properly communicated by the employer, then he or she would be subject to disciplinary action by the employer. If an employer fails to comply with OSHA regulations, the employer could be cited and fined by OSHA.
Why would a company receive an OSHA Citation?
A company would receive an OSHA citation if an OSHA inspector determined that the company was not in compliance with one or more OSHA regulations, and that determination was confirmed by the relevant OSHA Area Office and survived any appeals that were filed by the company.
If an employee gets stuck with a dirty needle does the employer have to report it to OSHA?
No, but the employer has to take actions specified in the plans that have been developed to comply with OSHA requirements.
What is the deadline for appealing an OSHA citation?
If you receive an OSHA citation, you have 30 days to file a formal notice contesting the citation. If your position is later rejected by the Administrative Law Judge hearing the case, you have 30 days from receipt of that notice to file an appeal. Read the materials you receive from OSHA. They always tell you how long you have to object to or appeal any decision you are being notified of.
What if an employer and employee fail to execute their responsibilities according to the OSHA 1994 requirements?
There are no OSHA 1994 requirements.
Biohazard and safety equipment are mandatory according to OSHA?
OSHA requires that the employer assess the workplace and provide appropriate protective equipment, which the employee must use when provided. Failure to assess, provide, or use provided equipment can be a reason for a OSHA citation against the employer. Employers who does not provide safety equipments may cause a lot of danger to the worker - accidents, injuries and even fatalities. Only the right safety equipment can help ensure that health and safety is prioritized.
What will happen during a OSHA inspection?
If an OSHA inspector finds a violation, it will be mentioned to management in the closing conference, unless it depends on air sampling results. Then the company may be notified by mail after the inspection. The citation will be reviewed by the OSHA Area or Regional Manager. If confirmed by OSHA management, a citation will be issued, with a proposed fine. The company may have an informal conference with OSHA to discuss whether the citation is justified and the proposed fine appropriate. The company also can file a formal notice of contest and contest the citation through Administrative Law Judges and even the civil courts. After the citation is final, the company must pay the fine and take whatever action is necessary to eliminate the violation and ensure it is not repeated.
Can an employer be cited by OSHA if an employee falls and injures himself or herself by falling from a height lower that that at which OSHA requires fall protection?
Even if the fall was from a height lower than that at which fall protection is required, if the fall and subsequent injury results from some other violation of an occupational safety standard, or if circumstances made it a violation of the General Duty Clause, OSHA would have the authority to issue a citation.
