ABSTRACT

The sample legal documents are intended for illustration to familiarize the reader with the general nature of some of the documents received and issued. Safety professionals should be aware that, in most circumstances, the employer will acquire legal counsel for the Occupational Safety and Health Review Commission (OSHRC) hearing. When Occupational Safety and Health Administration (OSHA) finds what it believes to be a violation at a worksite, it will notify the employer in writing of the alleged violation and the period of time it thinks reasonable for correction by issuing a written citation to the employer. Once a citation or proposed penalty is contested, the amount of the penalty for that citation, if any, will be decided by the Commission or a judge. If a citation is issued, an employer may schedule an informal conference or engage in settlement discussions with the OSHA AD, but this does not delay the 15 working day deadlinefor filing a notice of contest.