How to Defend Against Safety Violation Citations
Show an existing policy adequate to prevent the violation., Prove the rule was communicated to all employees., Demonstrate your company has methods in place for discovering violations., Provide a record of consistent enforcement of the rule.
Step-by-Step Guide
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Step 1: Show an existing policy adequate to prevent the violation.
Your company must have a safety policy in place that specifically applies to the OSHA standard you were cited for violating.For example, if the safety standard is addressed in your employee handbook, a copy of that handbook would serve as evidence that the policy was in place.
You also should have some evidence that the policy was put in place before the incident occurred that gave rise to the citation – in other words, before the OSHA agent observed the conduct.
Consider creating a safety committee among employees, or hiring a professional safety director to be in charge of ensuring compliance with OSHA safety standards. -
Step 2: Prove the rule was communicated to all employees.
Typically your workplace safety rules and policies should be included a written manual distributed to all employees.Records of any safety training courses you offered to employees also serve as evidence that all employees were aware of the safety standards, if the standard you were charged with violating was included in the training.Make sure you take attendance or have employees sign in when they complete a training course so you have evidence of who participated.You also can communicate information about rules and safety standards by posting signs in the workplace.
For example, if an employee was seen not wearing safety goggles, evidence that the employee had to walk through a door with a sign that said "goggles must be worn beyond this point" would support your claim that the violation was an isolated incident of employee misconduct. , Supervisor rotation schedules and internal inspection checklists can show OSHA the violation would have been discovered in due course.A defense of employee misconduct also may relate to the direct supervisor in charge of observing and reporting violations of safety standards.Because the employee misconduct defense is closely tied to the employer's knowledge of the conduct, you typically also must show that you were unaware the violation was taking place.
Regular equipment checks and employee testing also are methods for discovering safety violations.Consider hiring a third-party safety consultant to train and monitor employees., If there is evidence that exceptions were made or that employees weren't disciplined for violating the rule, you will be unlikely to prevail using an employee misconduct defense.If your employee misconduct defense focuses on the misconduct of a supervisor, any inconsistency in enforcing your rules should be connected to that supervisor in particular.
For example, you might have one supervisor who routinely allows employees to work without the safety goggles required by OSHA.
Consistent enforcement plays into your lack of knowledge of the violation, implying that if you'd known about the violation you would have disciplined the employees responsible.
The disciplinary sanctions for violating safety rules and standards should be included in your written policy and followed without exception.
Along with discipline for violations, you also might consider an incentive program for employees who consistently follow safety standards.Consistent enforcement also demonstrates that the employee's misconduct occurred without the knowledge or consent of any managers or supervisors.Keep in mind that policies and rules that aren't enforced consistently are no better than having no safety rules at all.
Your employees won't take the rules seriously if there are no consequences for violating them. -
Step 3: Demonstrate your company has methods in place for discovering violations.
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Step 4: Provide a record of consistent enforcement of the rule.
Detailed Guide
Your company must have a safety policy in place that specifically applies to the OSHA standard you were cited for violating.For example, if the safety standard is addressed in your employee handbook, a copy of that handbook would serve as evidence that the policy was in place.
You also should have some evidence that the policy was put in place before the incident occurred that gave rise to the citation – in other words, before the OSHA agent observed the conduct.
Consider creating a safety committee among employees, or hiring a professional safety director to be in charge of ensuring compliance with OSHA safety standards.
Typically your workplace safety rules and policies should be included a written manual distributed to all employees.Records of any safety training courses you offered to employees also serve as evidence that all employees were aware of the safety standards, if the standard you were charged with violating was included in the training.Make sure you take attendance or have employees sign in when they complete a training course so you have evidence of who participated.You also can communicate information about rules and safety standards by posting signs in the workplace.
For example, if an employee was seen not wearing safety goggles, evidence that the employee had to walk through a door with a sign that said "goggles must be worn beyond this point" would support your claim that the violation was an isolated incident of employee misconduct. , Supervisor rotation schedules and internal inspection checklists can show OSHA the violation would have been discovered in due course.A defense of employee misconduct also may relate to the direct supervisor in charge of observing and reporting violations of safety standards.Because the employee misconduct defense is closely tied to the employer's knowledge of the conduct, you typically also must show that you were unaware the violation was taking place.
Regular equipment checks and employee testing also are methods for discovering safety violations.Consider hiring a third-party safety consultant to train and monitor employees., If there is evidence that exceptions were made or that employees weren't disciplined for violating the rule, you will be unlikely to prevail using an employee misconduct defense.If your employee misconduct defense focuses on the misconduct of a supervisor, any inconsistency in enforcing your rules should be connected to that supervisor in particular.
For example, you might have one supervisor who routinely allows employees to work without the safety goggles required by OSHA.
Consistent enforcement plays into your lack of knowledge of the violation, implying that if you'd known about the violation you would have disciplined the employees responsible.
The disciplinary sanctions for violating safety rules and standards should be included in your written policy and followed without exception.
Along with discipline for violations, you also might consider an incentive program for employees who consistently follow safety standards.Consistent enforcement also demonstrates that the employee's misconduct occurred without the knowledge or consent of any managers or supervisors.Keep in mind that policies and rules that aren't enforced consistently are no better than having no safety rules at all.
Your employees won't take the rules seriously if there are no consequences for violating them.
About the Author
Brittany Wilson
A seasoned expert in lifestyle and practical guides, Brittany Wilson combines 6 years of experience with a passion for teaching. Brittany's guides are known for their clarity and practical value.
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