Mark A Lies - Increased Risk of a Repeat Citation - CH1-11406038-v2

Description:

If OSHA issues a citation following an inspection, employers are frequently tempted to settle quickly and informally for a reduced penalty rather than contest the citation which may have no factual or legal support without considering future consequences.  By foregoing potential factual and legal defenses for a quick and easy resolution of a citation involving an alleged violation of a specific regulation, however, can create a much larger risk in the future: a “repeat” citation with substantial monetary penalties.  This article will discuss what constitutes a repeat citation, including recent OSHA and Occupational Safety and Health Review Commission case law developments that unfortunately reflect a trend to increase an employers’ risk of receiving a repeat citation.  The article will also provide practical advice on what employers can do to limit the possibility of receiving a repeat citation.

 

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Mark A Lies - Increased Risk of a Repeat Citation - CH1-11406038-v2-Article.pdf [size: 146041k]

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