Unit III Assignment Response to Citations and Penalties

Response to Citations and Penalties

Student’s Name

Institution

Response to Citations and Penalties

The citation and the penalties are issued by the OSHA commission as a sign that some violations have been violated by the employer on the safety of the employee. The penalties and citation has been issued due in accordance with OSHA provisions. The issuance of the citation and the penalties follows the inspection that has been made on the employer’s premises. Various violations have been made and the type of citation made is the serious citation. One would make the respective steps depending on the fact that he is the employer or he is the employee affected.

In the case of an employer, upon the receipt of the notification and upon satisfaction with the penalties fined, he ought to make the payments to the OSHA commission within the time stipulated. The employer also needs to make the payments according to the number of violations that he has been fined for (Chojnacki, et al. 2016). In addition, the employer needs to place the citations near the places of work where the hazard has been identified. This needs to be done for three working days excluding the holidays and the weekends or up to the time that the hazard has been corrected.

If the employer is not satisfied, he ought to make an appeal to the OSHA commission to complain about the excessive penalties that do not deserve. Filing of the complaint ought to be done within fifteen days after receiving the notification.

Options available to an employee

The affected employee can file for further inspection if he is not satisfied with the way that the inspection has been carried out. In addition, the employee can attend the informal conference requested for by the employer to contest for the penalties given. The employee can also argue for more penalties and citation. The employee can also seek for more information from the employer as he may deem necessary to have. On attending the conferences, the employee has the right to participate in the negotiations between the employer and OSHA.

Options available to the employer

The employer has the right to protest against the penalties fined against him. he has the right also, although not necessary, to request for an informal conference with OSHA to negotiate on the penalties. The employer has the right to protest within fifteen days upon the reception of the penalties and citations notifications.

Contacts one would make

The employer could contact OSHA commission as a means of protesting against the penalties fined on him. The communication need to be done within fifteen days on receiving the notification. The employer could also contact OSHCR to come in and provide a fair audience about the case (Gadomski, et al. 2016). The employer also needs to inform the employees on the in safe areas by putting a notification in those areas until rectification is done.

The employee could make a contact to the employer to request for more information about the violations. In addition, he could contact OSHA to complain about the penalties made on the employer as being insufficient.

Documentation in response to the citation

The employer needs to maintain the record of agreeing with the citations and the penalties. This is sent to OSHA as a compliance document. On the other hand, the employer ought to maintain a document in case of protesting against the penalties (Chojnacki, et al. 2016). This need to be kept as evidence and a copy sent to OSHA. A schedule notice document need to be maintained showing a request top OSHA to hold an informal conference top negotiate the penalties made.

References

Chojnacki, G., Deutsch, J., Perez-Johnson, I., Amin, S., Darling, M., & Lefkowitz, J. (2016). Pilot OSHA Citation Process Increases Employer Responsiveness (No. 18fbfd82c7774942b0656905966694ed). Mathematica Policy Research.

Gadomski, A. M., Vargha, M., Tallman, N., Scribani, M. B., & Kelsey, T. W. (2016). Impact of preparing for OSHA local emphasis program inspections of New York dairy farms: Case studies and financial cost analysis. American journal of industrial medicine, 59(3), 245-255.