OSHA Citations: When And How To Contest Them To Maximize The Benefit To Your Company

Webinar: ID# 1001819
About This Course:
It can be a paralyzing moment when an OSHA inspector knocks at your door. How should you react? Should you welcome the inspector in or lock the door and get your lawyer on the phone? Your response at this critical stage in the inspection process can set the tone for a smooth or a bumpy ride, one that's wrought with OSHA citations and costly penalties.

For example, a company in Texas that was inspected earlier this year was cited for 21 violations totaling $174,420 in fines. Although a strong safety program would have been the best defense in minimizing the number of violations, what is done and said during the inspection is critical to whether a citation is issued and how citations are managed and resolved afterward.

Don't find out the hard way that your team's response to an OSHA inspection and any subsequent citations missed the mark. Join us on October 14 for an in-depth webinar on how the process for contesting OSHA citations works and how to reduce the negative impact on your organization.

Join us when our presenter, a former regulator and seasoned OSHA lawyer, will walk you through what to expect from the OSHA inspection process-from that all-important knock on the door to when citations are issued. Plus, he'll teach you when-and how-to successfully challenge an OSHA citation.

Learning Objectives:
  • Assess and interpret the OSHA citation settlement process
  • Identify various types of OSHA citations you could be at risk for, along with the associated penalties you could face
  • Adhere to key "do's and don'ts" before, during, and after and OSHA inspection process
  • Identify critical information every employer should be aware of with regard to various OSHA programs, such as the Severe Violators Enforcement Program (SVEP) and the National Emphasis Program
  • Prepare for a OSHA inspection closing conference
  • Weigh your rights and obligations to decide if you should contest an OSHA citation
  • Understand the role the Occupational Safety and Health Review Commission (OSHRC) and the administrative law judge (ALJ) play into the OSHA citation-contesting process
  • Assess the hidden costs associated with OSHA citations, including elevated exposure to subsequent citations, enhanced targeting by OSHA, and potential impact on future business opportunity
  • Calculate the anticipated costs of settling vs. contesting at various points in the process
  • Consider options for reducing a penalty, reclassifying a OSHA citation, or having a citation deleted
  • Understand how industry, business, and size factor into the OSHA citation and penalty process
  • Evaluate how "prior safety record" factors into the citation and penalty process
  • Assess what "good-faith efforts" are and how they relate to OSHA citations
  • Know how to position your business to build a successful defense of employee misconduct
  • Effectively use enhanced abatement to your advantage
  • Negotiate penalty reductions in exchange for safety improvements
  • Understand the role the OSHA Field Operation Manual plays in OSHA inspections
  • Identify and evaluate outside resources to assist you in establishing an effective process for preventing and/or contesting OSHA citations
Register now to learn when-and how-to successfully challenge an OSHA citation.

About Your Presenter
Courtney Malveaux, a Director at Thompson McMullan, P.C. in Richmond, Virginia, served as Commissioner of the Virginia Department of Labor and Industry through October 2013 and is a Past President of the National Association of Government Labor Officials. He now helps to shape OSHA policy as the industrial employer representative on the Virginia Safety and Health Codes Board. He represents employers in regulatory matters, employment and business litigation and government relations.

Malveaux authored an article published in the University of Richmond Law Review titled "OSHA Enforcement of the 'As Effective As' Standard for State Plans: Serving Process or People?", and is a frequent presenter on labor and employment law issues.
Continuing Education Credits:

Click the 'Credits' tab above for information on PHR/SPHR, PDCs, and other CE credits offered by taking this course.
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