Increased Risk of an OSHA Repeat Citation
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 […]
OSHA Enforcement – Willful Citations Increase Employer Liability Risk
OSHA’s current preference for willful violations is often at odds with the standard of proof required for a willful violation. A willful violation is committed either intentionally or with plain indifference to the requirements of the Occupational Safety and Health Act. This contrasts with a serious violation, which requires only that the employer “knew or […]
