OSHA Mediation: What to Do After Receiving a Citation

Receiving a fine or citation from the Occupational Safety and Health Administration (OSHA) can be a daunting experience for any business. It’s critical to understand what steps your business can take to address the violations to ensure a safer working environment and any measures you can take to potentially cut down on the costs of these penalties. With OSHA having raised their penalties this year, failing to handle these fines appropriately can quickly lead to increased financial strain and reputational damage for any operation, regardless of industry.

In this article, we will discuss the different types of OSHA violations, outline OSHA’s expectations and the responsibilities of those fined, and explore how Safety Plus assists with OSHA mediation. We will also cover some of the more immediate and long-term benefits of OSHA mediation, as well as how having a third-party safety consultant act as a mediator between your company and OSHA can alleviate some of the headaches from these situations.

Types of OSHA Violations

Understanding the types of violations OSHA may cite is essential for effectively addressing and mitigating these issues. Here are the primary categories of OSHA violations:

Serious Violations: A serious violation occurs when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Other-than-Serious Violations: These violations have a direct relationship to job safety and health but are unlikely to cause death or serious physical harm.

Willful Violations: A willful violation occurs when an employer knowingly fails to comply with a legal requirement (purposeful disregard) or acts with plain indifference to employee safety.

Repeated Violations: These are issued when an employer has been cited for the same or a substantially similar condition within the past five years.

Failure to Abate Violations: Issued when an employer does not correct a cited hazard by the abatement date specified in the citation. Each day beyond the abatement date can incur additional penalties, making it crucial to correct the violation quickly.

De Minimis Violations: Minor infractions that have no direct impact on health or safety. These violations do not result in citations or penalties.

Understanding OSHA’s Expectations

First things first – accidents happen, and there are countless situations that can lead to an OSHA inspector issuing a citation. It’s important to understand your options and the steps you’ll need to take from here.

If you agree with the citation and decide to pay, the process can be straightforward:

1. Post a Copy of the Citation: Upon receiving a fine, it must be posted in a prominent location where the violation occurred. OSHA regulations require that the citation remain posted for three working days or until the violation is corrected, whichever is longer.

2. Abatement and Documentation: For each uncontested violation, you must provide an abatement certification to the OSHA Area Director of the office that issued the citation. This must be provided by letter within 10 calendar days after each abatement date. Abatement documentation can include photos, video, receipts of repair, employee interviews, updated training records, and anything showing that you’ve made appropriate corrections
3. Pay The Fine: From here, the only thing left to do is pay the fine amount set by OSHA. This is typically due within 15 working days of receipt of the citation unless contested.

If you do not believe that the cited hazards existed, that the citation is incorrect, or you believe the proposed penalties do not align with the citation, you have the right to contest the citation; however, we highly recommend reaching out to a third-party safety consultant (like Safety Plus) or legal expert as this process only gets more complicated from here:

1. Choosing to Contest: After reviewing the initial citation and documentation, you must submit a written notice of contest to the OSHA Area Director within 15 working days of receiving the citation. This will initiate a legal process where the citation can be reviewed and potentially overturned.
2. Handling an Informal Conference: This is a meeting with the Area Director to discuss the citation, review any abatement documentation, request any fine reclassification, and explore possible settlements. It’s also important to remember that requesting an informal conference doesn’t pause the 15 working days to file a notice to contest. If an amicable resolution is not reached, then you have the right to contest the penalty.
3. Challenging the Fine: If you’ve filed a Notice to Contest, you have the right to challenge the citation before the Occupational Safety and Health Review Commission (OSHRC). The commission is an independent agency that hears employer contests of OSHA citations. The hearing mirrors all the elements of a trial, including examination and cross-examination of witnesses. You may choose to represent yourself or have an attorney represent you. The ALJ may affirm, modify, or eliminate any contested items of the citation or penalty. As with any other legal procedure, there is an appeals process and potentially further legal steps depending on the severity of the violation.

For a more detailed and comprehensive guide on employer rights and responsibilities following an OSHA inspection, you can refer to OSHA’s official booklet.

How Safety Plus Assists with OSHA Mediation

Our team of safety professionals is equipped to guide any business through every step of the above proceedings. Here’s how we help ensure compliance after receiving a citation and some of the direct benefits of having Safety Plus handle OSHA Mediation:

1. Initial Consultation: When a company reaches out after receiving a fine, they’ll be connected to one of our safety professionals who will walk them through the entire process step-by-step. They’ll get an understanding of the incident, review their current safety program, determine processes that failed and led to the violation, cover any potential fine-reducing corrections, and outline the necessary steps as detailed by OSHA.
2. Corrective Actions: Our experts will work with our customers to provide any additional abatement measures to ensure that the violation is corrected quickly and efficiently. This can involve providing additional training for their employees, conducting a site audit or inspection where the incident took place, revamping new hire procedures, optimizing their current safety program, hiring temporary safety personnel to assist their operations in-person, and documenting any additional changes necessary to streamline the abatement process. Our goal is to provide OSHA with pertinent documentation that shows commitment to a healthy safety program. This step can include integrating SafetyPlusWeb into their operations, updating their current safety policies, or even suggesting they outsource their current safety program.
3. Informal Conferences: Our safety professionals will help with gathering all necessary documentation, detailing any evidence of corrective actions, and setting a meeting with the Area Director on behalf of our affected customer. Often, the act of showing up to an informal conference with the assistance of a safety company can be a huge factor in reducing or striking these citations from the record. We’ll coordinate between each party to detail each abatement measure taken, fighting on our customers’ behalf at every opportunity to have the fines reduced, reclassified, or redacted if possible.

The Benefits of OSHA Mediation

Bringing in a third-party safety consultant to assist act as a mediator between your company and OSHA can often offer cost savings, assure compliance, improved workplace safety, and an enhanced reputation when it comes to safety – which can often help with winning bids for contracts and future projects.

By addressing OSHA fines promptly and effectively with the help of our safety professionals, businesses can any mitigate immediate impacts of the citation and foster a culture of safety that benefits them in the long term. For more information on how Safety Plus can partner with your company in assisting with OSHA Mediation, request a consultation with our team today. ​​