What
legal steps would you recommend that Dynamic Duo take?
One legal step that I would
recommend that Dynamic Duo take in this situation is to inform their attorney
as well as their local OSHA office that a compliance officer entered the
facility without permission and toured the facility without a management or
employee escort, which is in all probability a violation of Dynamic Duo's
rights. In addition, Dynamic Duo should have their attorney to file a complaint
with OSHA as well as to pursue civil litigation in order to have the citations
thrown out, due to the fact that they were provided by an OSHA representative
who entered into the facility without authorization or escort.
I would recommend them to
file an appeal on the basis of abatement time. Since the compliance officer
visited the workplace and cited some violations and provided the abatement time
to cover up the violations within the workplace.
I would recommend
them to contest the citations or penalty in good faith. Since, employers have
the option to contest against the citation or penalty in good faith, and
Occupational Safety and Health Review Commission (OSHRC) or high court would
announce the final decision whether to eliminate, reduce or to remain the penalty.
In case if the
contest against penalty or citations are not approved, they must correct the workplace conditions
which previously were cited by the compliance officer as violation, and pay the
penalty within the 15 days from the visit of compliance officer.
Right after paying the penalty charges,
owners must write a letter OSHA area Director notifying that they have taken
the appropriate actions to correct the nominated workplace conditions within
abatement time and also have paid the penalty.
Owners must tag the dangerous workplaces and
equipment for, three days or until they work place turned into normal
condition, whichever is higher.