QUESTION
How can OHSA fine a small company on the first encounter with NO WARNING or chance at compliance on a previously unknown violation.
Asked on Sep 28th, 2011 on Labor and Employment - Ohio
More details to this question:
I had no idea that there are regulations on safety harnesses for a VERY SMALL roofing tear-off. 8 square. Two guys come up to me and tell me that they are OHSA and what is my address? Shortly after this I received a fine of $7,400!!!!!!!!!!!!! Please direct me as to my options. Thank you, Russell.
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
OSHA has the statutory authority to fine employers for allowing workers to perform their duties in situations that pose known safety hazards. Violation of an OSHA regulation on safety harnesses is just such a situation. Ignorance of the regulations is not a defense. However you may have other defenses available to you that you can use to diminish or eliminate the fine. You should contact an employment lawyer in the State of Ohio who specializes in OSHA law defense cases. You can find them in the larger cities such as Cleveland, Cincinnati, Columbus or Toledo. Call the local ar association lawyer referral network or the Ohio State Bar Association lawyer referral number and ask for a referral to a labor and employment lawyer experienced in OSHA.
Michael Caldwell
404-979-3150
Answered on Sep 28th, 2011 at 3:15 PM