If you are a builder or a manufacturer or otherwise involved in skilled trades or manufacturing, you no doubt have had experiences with the Occupational Safety Hazard Administration (“OSHA”).
UNJUSTIFIED OSHA CITATIONS
OSHA is a regulatory agency charged by the Federal government with enforcing the code of Federal regulations as it relates to safety. Often times inspections by OSHA are unannounced. In some situations, OSHA can give citations that are well justified and warranted, but in others there are often arguments that the citations are not justified are unwarranted or that they do not conform to the due process required under law. There are numerous defenses that can be made to such unwarranted citations.
OSHA CITATION DEFENSE
Often times, OSHA will be willing to submit to a mediation to resolve the case wherein the matter can be resolved with lower fines and reduced severity of citations. However, in some cases, OSHA citations are much more difficult and a formal hearing in front of an Administrative Law Judge may be necessary to resolve the matter. You will be disadvantaged if you attempt to resolve your citations with OSHA without legal representation. Often times the process of resolution can be extremely frustrating especially if OSHA takes a position that is unreasonable.
Consult Attorney David Daul (920.437.8191) if certain citations you or your corporation have received are unjustified or unwarranted. Our firm has substantial experience in dealing with these matters and has had good success in resolving them in the past.