Category Archives: Citation

23 Citations to Florida Manufacturer Underscore the Importance of Compliance with Respiratory and Toxic and Hazardous Substances Standards

OSHA recently cited a Florida manufacturer for 23 safety and health violations with proposed penalties totaling $106,000 for exposing workers to dangerous welding fumes and other hazards. Of the 23 alleged violations, 19 were classified as “serious violations,” that is, a substantial probability that death or serious physical harm could result. The inspection — conducted as part of OSHA’s national emphasis program on amputations — resulted in violations in two main categories: respiratory protection (29 CFR 1910.134) and toxic and hazardous substances –…

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OSHA’s Burden of Proof and Contesting the “Knowledge” Element

In order to establish a violation in any case, OSHA must prove the following four elements: (1) the cited standard applies; (2) the employer failed to comply with the standard; (3) employees had access to the violative condition; and (4) the employer knew, or with the exercise of reasonable diligence, could have known of the violative condition. A recent decision from the Occupational Safety and Health Review Commission (OSHRC) (March 7, 2014, Docket No. 12-2152), provides an opportunity to discuss the fourth element, the “knowledge”…

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Labor Department Sues Ohio Bell for Suspending Workers Who Reported Workplace Injuries

OSHA has accused the Ohio Bell Telephone Company (“Ohio Bell”), which operates as AT&T, of suspending workers for reporting their various workplace injuries, including in two instances related to ladder accidents. “It is against the law for employers to discipline or suspend employees for reporting injuries,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “AT&T must understand that by discouraging workers from reporting injuries, it increases the likelihood of more workers being injured in the future.” The lawsuit, brought by…

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OSHA Issues $270K in Fines to Four Contractors For Hazards Related to Fall Protection

OSHA recently issued citations totaling $272,720 to four contractors following an inspection of a project involving the construction of a mid-town Manhattan hotel.  Notably, the fines were issued even though no one was hurt.  The inspection was conducted as the result of a complaint that workers were being exposed to fall hazards. The contractor receiving the heaviest of the fines, Flintlock Construction Services, LLC, is a general contractor and it was cited  for seven violations of OSHA’s fall protection and scaffolding standards for workers being…

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You’ve Received an OSHA Citation: Step One

If you receive an OSHA citation, one of the things you certainly should not do is put the citation on the corner of your desk and tell yourself that you will take care of it “later.” Essentially, this is the equivalent of doing nothing and contrary to wishful thinking the citation is not going to vanish on its own with the passage of time. Often, after getting consumed by something else, “later” winds up being much later. This is not advisable. It is important to…

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