SEBC 2020 Virtual Exhibitor Showcase First Edition | Page 48

ARCHITECTURAL
VISUALIZATIONS
Premium Quality
Quick Turn-Around Time
Over 20,000 Completed
Dedicated Customer Service
Competitive Prices
PHOTOREALISTIC RENDERINGS
ANIMATIONS
VIRTUAL REALITY
TO CONTACT US, CLICK HERE!
For: Zyscovich Architect
For: WCI Communities
For: Boot Ranch
Following the accident or other inspection the
OHSA Compliance Safety and Health Officer
would have submitted an inspection report
to the Area Director for review. While this
secondary review is designed to safeguard
contractors from overzealous prosecution
by the Officer, the reality is that the Officer
carries a great deal of influence with the Area
Director. If the Area Director concludes that
the employer has violated a rule, a Citation
will be issued, and it may be combined with
a Notification of Penalty. OSHA is required to
give the contractor a reasonable time within
which to cure (abate) the violation, though
that will not eliminate the penalty if one is
assessed. The abatement period specified by
OSHA is often unreasonable, but contractors
may petition for modification of the
abatement date. The petition must include
a number of details, such as steps taken to
abate the issue by that point, the additional
time needed, interim steps implemented to
safeguard employees during the abatement
period, and a certification that the petition for
modification has been posted in a manner
visible to the contractor’s employees. This
petition must be timely filed or the contractor
will have waived its right to seek modification.
The Contractor may also wish to contest the
Citation in whole or in part. This may be
necessary for any of the reasons outlined in the
opening paragraphs of this article. It may also
be prudent because an uncontested Citation
may lead to more frequent OSHA inspections
and increased fines in the event of future
violations. A Citation may be contested in only
two ways: (1) an informal conference and (2)
a formal notice of contest. A formal notice of
contest must be initiated with the Assistant
Regional Director within fifteen business
days of the Citation. The informal conference
does not have any impact on that deadline,
so if an informal resolution is to be reached,
the contractor must initiate the informal
conference quickly. The contractor has the
right to and should be represented by counsel
during both an informal conference and the
formal contest proceeding.
The contest proceeding is a formal legal
process before the OSHA Review Commission,