Often, when discussing an OSHA citation with a potential client, we are asked, “Will OSHA consider hiring an attorney an act of hostility or an admission of guilt?” The answer is no. OSHA will not make negative assumptions if you hire an attorney.

“Conversely,” says Managing Shareholder Trey Hendershot, “OSHA will consider hiring an attorney as a sign that you are taking the matter seriously and intend to proactively work to resolve the matter.”

Should You Hire an Attorney to Contest an OSHA Citation?

Working with an attorney experienced with OSHA standards and processes can help you avoid mistakes that may create a hostile environment, such as denying an OSHA inspector access to your facility or failing to produce appropriate documentation. At the same time, your attorney will protect your rights and help you avoid unnecessary risks.

Correctly handled, contesting an OSHA citation can reduce the severity of the violation and the penalties associated with the citation. Beyond monetary fines, OSHA citations come with hidden consequences that can have far-reaching impact, such as the cost of correcting the hazard, reputational harm, loss of future contracts, increased OSHA oversight, insurance premium increases and exposure to civil litigation.

An experienced OSHA defense attorney can guide you through the OSHA reporting process, inspections, and investigations to proactively reduce the likelihood of a citation. If a citation is issued, an attorney can prepare your defense strategy and help you negotiate and/or contest the citation.

Here are just a few ways an OSHA defense attorney can intervene on your behalf:

• An OSHA defense attorney can control and manage all interactions with OSHA representatives to protect your rights and preserve your options.
• If there has been a worksite incident, we can guide you through reporting the injury and supplying the correct information without unnecessarily or inadvertently exposing yourself to liability.
• After reporting an injury, our OSHA defense team can help you manage the flow of documents to OSHA, ensuring that documents are complete and on time – because not having a required document can be more damaging than an incomplete one.
• We can observe OSHA’s walkaround after the incident to assess areas of exposure and potential violations.
• An attorney can prepare employees and managers for investigative interviews and advise them of their legal rights.
• After the inspection, an OSHA defense lawyer can work with OSHA to resolve any questions about the work site and help reduce the chances that a citation will be issued.
• If your business falls under the authority of other agencies, such as the Food & Drug Administration, you may face more than one government investigation. Our team of regulatory experts can coordinate the investigations of all agencies on your behalf.
• If you are ready to contest an OSHA citation, your attorney can make sure you adhere to deadlines and follow the correct process.
• Contesting an OSHA citation is an administrative law procedure with many of the rules and procedures as a lawsuit in civil court. It is wise to have an attorney who is familiar with the due process, especially when going before an Administrative Law Judge.

With the help of experienced OSHA defense attorneys, your business will have a more controlled and carefully managed response to the situation at hand, while we advise you on compliance issues with state and federal laws.

Because each communication you have with OSHA, including the initial injury report, can influence the agency’s decision on how to proceed, it is never too early to seek guidance. Contact an OSHA defense attorney immediately following a workplace incident or OSHA inspection.

Contact our experienced OSHA citation defense teamat Hendershot Cowart P.C. to protect your business from the severities of an OSHA citation. Call (713) 909-7323to get started