Monday, 11 July 2016

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.