BOS 3525 Legal Aspects of Safety and Health- Options and Contacts
Answer
Occupational Health and Safety Act 1970 is the labor law of the United States of America and governs the rights of people working in private sector or federal government. The prime aim of this act is to save the employees and workers from potential hazards of workplace such as chemicals, reagents, noise pollution and mechanical damage and so on (United States Department of Labor, 2017). There is a set of penalties and proper citation and notification of those penalties that are imposed on the organization by violating the norms of occupational health and safety. This assignment is going to discuss the topics, which will involve the steps that need to be taken after the company receives letter about citation and penalties, what are the options available, what contacts need to be made and documentations of necessary responses.
Steps need to be taken after receiving OSHA citation
After receiving the OSHA letter, at first, posting of the violation is required in a copy, containing citation and notification of copy. This notification needs to be posted in the place where the violation happened, so that the affected employee can see the notification. All the employees should be made aware of the potential hazard. The citation should remain posted in the violation point should remain there for three working days and according to the law, the penalty amount should not be posted in such notification or citation. The positing can only be removed after the potential hazard is removed. Further, the organization may arrange an informal conference however, it is not mandatory. The organization is free to arrange this conference, if it believes that the organization did not violated a norm of the Occupational Health and Safety norms (Friend & Kohn, 2014). The written letter regarding the intent of contest should be submitted to area director within 15 days of receiving the notice. The organization has the full right to contest the notification. However, there is a process to do the same. After generation of the order or notification, there is a time frame of 25 days to write a letter to the area director about contest of the citation.
Available options and contacts
There are instances where the notification is faulty and contains mistakes that need to be corrected. In such case, the organization should send a letter reading the issue within 10 calendar days. If the board deciding the violation and penalties understand the concern and decides the penalty is vague and non-justified, then the penalty is imposed and abatement verification starts. This verification includes all documentation and ethical proves that can identify the vague notification and penalizing. Finally, if the workplace receives declaring the workplace as unsafe for work and failed to abate the violation, then the best way to avoid the OSHA penalty is by raining the employees and are aware of the dangers or hazards that can occur in the work area. A dedicated safety professional should be appointed in the company to ensure safety of workers in the workplace (Reese, 2015).
Documentation of necessary responses
Documentation of necessary responses are very important, as these are the only available evidences for any action taken by the OSHA or by the company. Documentation of letters containing contest of notification, letter from the area director regarding the removal of potential hazard from the site of accident and other need to be presented while judgment so that the penalty can be removed. All the settlement of the contested cases are negotiable as the attorney decides the removal of penalty depending upon the proofs provided to him.
References
Friend, M. A., & Kohn, J. P. (2014). Fundamentals of occupational safety and health. Bernan Press. https://books.google.co.in/books?hl=en&lr=&id=14HyAwAAQBAJ&oi=fnd&pg=PR5&dq=citation+and+notification+of+penalty+USA+occupational+health+and+safety&ots=f0_QUtrgVT&sig=HGHxyxhw8zEa-WYhJ-dY4gIxrgM#v=onepage&q=citation%20and%20notification%20of%20penalty%20USA%20occupational%20health%20and%20safety&f=false
Reese, C. D. (2015). Occupational health and safety management: a practical approach. CRC press. https://books.google.co.in/books?hl=en&lr=&id=2Oj5CQAAQBAJ&oi=fnd&pg=PP1&dq=citation+and+notification+of+penalty+USA+occupational+health+and+safety&ots=PByxq2TTNn&sig=OjU-Ql9qwTyQyfmnWhboPUCIATM#v=onepage&q=citation%20and%20notification%20of%20penalty%20USA%20occupational%20health%20and%20safety&f=false
United States Department of Labor. (2017). OSHA Content Document. Osha.gov. Retrieved 29 November 2017, from https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=3371
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