John Ho will be speaking during this webinar about handling an OSHA case. Somewhat surprisingly, the number of OSHA inspections has increased under the Trump administration while penalties also continue to climb. Currently, the maximum penalty for a serious and other-than-serious citation is $13,260 while the highest amount that can be issued for a repeat or willful violation is $132,598. It is also common for OSHA to issue multiple citations following an audit so total penalty assessment can be significant. How an employer handles an OSHA audit plays an important role to help ensure that OSHA does not overreach during an inspection and whether a business decides to settle or contest citations turns on many factors that may need to be considered on both a legal and operational level. For attorneys involved in OSHA cases, it is important to understand the audit and contest process, strategic settlement considerations and timely OSHA issues facing employers. John will discuss the following:
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The framework of litigating OSHA cases before the Occupational Safety and Health Review Commission
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General employer obligations under OSHA
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The inspection process
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Types of citations and penalties
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The informal conference and settlement considerations
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Defenses to citations
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“Hot” issues