After inspection by the OSHA inspectors, they may issue citations for working conditions that are violating the OSH act. A citation and notification of penalty issued by OSHA, should describe the specifics of the said violation, give a reasonable time for abatement and offer alternate penalties (the United States. Occupational Safety and Health Administration., 2011). The citation and notification penalties are issued by the OSHA supervisor who visits the premises of the company. The penalties vary depending on the extent of violation. In this case, there are serious violations that can be proved. This means that serious citations will be issued. The employer or affected employee can follow certain steps to clear with OSHA.
An employer could pay the fines within the specific time, usually three working days, if he accepts and is fully satisfied with the citations and penalties made on the organization. The employer is supposed to post the notice of notification near the place that has been cited as hazardous for three working days until the danger has been taken care.
If the employer is not satisfied with how the inspection was conducted, or how severe the citation is, he can file for an appeal with OSHA within fifteen working days of the citation. He can organize for an informal conference with OSHA. If he is not satisfied, he can appeal to the OSHA commission and raise the complains of the severity of the citations or penalties (Bailey, 2015). This should also be done within fifteen working days after receiving the notification of penalty.
OSHA aims to protect the workers against the hazardous working environment. In case an employee is not satisfied with results from OSHA, he has a right to contact the area director and request for an informal review of the decision made by the OSHA inspectors. In case OSHA has given the employer too much time to clear the hazard, the employee has a right to appeal with the area director. This must be done within fifteen working days of the time the employer receives the citation. If the appeal is not satisfactory, the employee could appeal with the OSHA commission which runs independently of OSHA. The employee has a right to demand more penalties on the employer.
An employer can request an informal conference with OSHA to discuss any concerns that may have been raised by the citation, penalties, abatement period. The employer has a right to contest the citations. An employer has the right to file for a formal appeal within the abatement period.
An employer should contact OSHA mainly when contesting the citation. They can make contact through a written request to the area director. The above needs to be done within fifteen days after the reception of the citation. An employee can make a written complaint to inform OSHA of a violation of the safety or danger that could cause harm.
Documents required in response to the citation
The employer should produce the documents and records of the citations and penalties. The documents are relevant as they show compliance of the employer. They are relevant as they serve as evidence in case the employer wants to contest the citations and penalties
Bailey, M. A. (2015). Occupational safety and health law handbook. Lanham: Bernan Press.
The United States. Occupational Safety and Health Administration. (2011). OSHA. Washington, D.C.: U.S. Dept of Labor, Occupational Safety and Health Administration.