The Occupational Safety and Health Administration (“OSHA”) oversees working conditions throughout the United States, including on construction sites. OSHA inspections and violations are stressful events for a contractor, so understanding your rights and the remedies available to you before, during, and after an inspection will better equip you to handle that stress. Our attorneys help protect you during OSHA inspections, navigate the procedural requirements of OSHA violations, and defend you against alleged violations.
OSHA often begins its inquiry by inspecting the construction site. If OSHA finds that any portion of a site violates its standards, the inspector may issue a citation. Upon receipt of an OSHA citation, your first challenge is a formal protest. Contacting an experienced attorney immediately after an OSHA inspection positions you to preserve your challenges to the citation and overcome the claimed violation.
The resolution of an OSHA citation can also require an administrative adjudication or appeal before a tribunal. These administrative hearings allow you to present the grounds for your challenge of the citation. Depending on the facts and circumstances of your violation, your defenses could include unforeseen employee misconduct, that the violations cited are risks or hazards intrinsic to the job, the inspector failed to comply with OSHA standards, the standard was unclear or difficult to follow, the inspector did not allow the contractor to participate in the inspection, or that the violation was not timely issued.
Manion Stigger LLP has appeared before several administrative tribunals in defense of our clients and is well-versed in the defense of OSHA citations. Our experienced construction law firm provides specialized knowledge that can be applied to fight any OSHA violation.