The Occupational Safety and Health Administration (“OSHA”) oversees working conditions throughout the United States. OSHA inspections and violations are stressful events for a contractor. Understanding what rights and remedies are available to you before, during, and after an inspection can make you better equipped to handle that stress. A construction law firm can help you advocate for your rights with OSHA and defend yourself against alleged violations.
OSHA begins its inquiry by inspecting the construction site. If OSHA finds that any portion of your site violates its standards, the inspector will issue a citation. Upon receipt of an OSHA citation, your first challenge is a formal protest. A protest must be registered within strict time limits. Contacting an experienced attorney immediately after an OSHA inspection is critical to preserving your challenges to the citation and overcoming the claimed violation.
The resolution of an OSHA citation can require an administrative adjudication or appeal before a tribunal. These administrative hearings are where you can present the grounds for your challenge of the citation. Depending on the facts and circumstances surrounding your violation, your defenses could include unforeseen employee misconduct, that the violations cited are risks or hazards intrinsic to the job itself, the inspector failed to comply with OSHA standards, the standard was unclear or difficult to follow, the inspector did not allow the contractor to participate in the inspection, or that the violation was not timely issued.
Manion Stigger LLP has appeared before several administrative tribunals in defense of our clients, and is well-versed in the defense of OSHA citations. Our attorneys can help you navigate the procedural requirements of an OSHA violation and better protect yourself during OSHA inspections. By retaining an experienced construction law firm, you are assured specialized knowledge will be applied to fight an OSHA violation.
At Manion Stigger LLP, our foundation is construction law. We pride ourselves on focusing on all practice areas that directly impact our clients’ needs. In doing so, we can effectively represent our clients – no matter what issues or problems may arise. Our team of professionals carefully examines an issue from all perspectives, ensuring that nothing is overlooked, and that any potential issues are identified and resolved before they need to be litigated. We pride ourselves on providing cost-effective solutions that do not sacrifice advice or legal expertise.