Posted: December 16th, 2022

OSHA ASSIGNMENT IV

After reviewing the citations and penalties document sent by the OSHA through the Local Area Director, I would ensure that I respond promptly by taking the following actions. Firstly, I would immediately request for an informal conference with the Area Director or CSHO, OSHA through a phone call. I would do this early within the first days in the allowable 15 days ensuring that it does not affect my contest schedules (Act, 1970). Before the conference, I would ensure proper abatement processes have been carried out, ensuring that necessary supporting documents and files that prove abatement actions and processes are available for the conference. In the success of the informal conference, I would present my views that I deem necessary to reduce the penalties and citations by presenting the evidences of all the abatement steps taken. The informal conference would be important because from it, the Area director has been mandated with the ability to reduce the penalties and citations by as much as 30%. Any penalty reduction that accounts for more than 30%, however, requires an approval by the Regional Administrator (Act, 1970). This action would be required to inform the OSHA officials, who often may not know, the actions an employer is carrying out to reduce the violations.
Secondly, I would ensure to write a Notice of Contest to the Area Director, OSHA within the first 15 working days from the receipt date of the citation document. In the notice of contest I would contest against a few citations that may need amendments. I would also contest for penalty reductions for the cited violations (OSHA, 2014). In the process of contest, I would include employees’ representatives so that they are aware of the steps that are taken. This would be necessary for the reasons discord reduction between an employer and employees. Contesting is vital since failure to contest the penalties, citations or abatement dates would mean an employer pays the penalties fines as per the indication by OSHA within the first 15 working days after the citation receipt date. The Area Director forwards the requests and objections an employer has presented in the Notice of Contest for review by the OSH Review Commission, working independently from OSHA, whereby an employer’s requests are likely to be considered (Petersen, 1979).
Thirdly, I would take the step of filing the abatement modification petition to the Area Director, OSHA. This would be for the purpose of extending the dates issued for abatements completion in the citation document. I would ensure that I carry out this petition within the first 15 days from the citation receipt date. This action is necessary because the OSHA gives the provision of abatement date extension which would give me enough time to reduce abate the violations, consequently penalty reduction. The Petition of Abatement Modification is forwarded to the Area Director through the emailing system (Petersen, 1979).
Fourthly, for violations that I have not contested, I would immediately notify the OSH Compliance Division by completing the received abatement notification forms of apparent violations attached to the citations. I would describe the abatement action within the time provided, and pay any penalties therein within 15 working days after the penalties receipt. However, for the time extensions permitted in the citations, I would ensure employees are safely protected by providing protective equipment and report any progress to the OSH Compliance Division (OSHA, 2014).
Finally, I would respond to the citations by using the abatement certification which would be necessary to prove I am striving to abate the violations. I would indicate the hazard correction date and a statement confirming that the affected persons have been told of the abatement. From the document, the OSHA would consider penalty reduction. This document is usually posted to the OSHA offices using their email address.

References
Act, W. S. (1970). Occupational Safety and Health Act of 1970. Public Law, 91, 596.
Occupational Safety and Health Administration. (2014). OSHA law & regulations.
Petersen, D. (1979). The OSHA compliance manual. McGraw-Hill Companies.

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