After an OSHA inspection, you might be facing some serious fines and/or citations. If you feel that these were unfairly levelled, it’s possible to file an official challenge to the OSHA ruling. However, many business owners worry that OSHA will treat them more harshly in the future because of tension this might establish with the local OSHA inspector. Some also worry that they will have wasted time if the challenge does not end with reduced fines or citations. So is it a good idea to issue this challenge?
First of all, you should be aware that there’s an intermediary step between paying fines and challenging them. You can request an informal conference with your local OSHA area director, in which you will discuss the fines and their implications and possibly receive significant reductions. This is the step that most companies opt to take, rather than undergoing an arduous legal battle with OSHA. However, if the citations you were issued are serious but unfounded, this informal meeting may not be enough to reverse them.
About 10% of companies who have received citations in recent years choose to formally contest those citations. Many of these cases end successfully for their prosecutors, who will often receive serious reductions to their fines. OSHA and the Occupational Health & Safety Review Commission (OSHRC) assigned to your case are usually willing to settle before going to court quickly so as to avoid an extended legal process.
Not every single citation warrants a push back, however. In some cases, it may be more sensible to simply pay the fine and move on, instead of seeking an informal conference or taking legal action. The best possible solution in these cases is simply to focus on improving safety within your company so as to avoid any future citations. Compliance is the best weapon against fines, so be sure to keep your company as up-to-date on OSHA policies as possible.
