Experienced Attorneys for Plaintiffs and Defendants in New York State
The Occupational Safety & Health Administration (OSHA) is a federal agency created in 1970. OSHA's mission is to make sure that the safety and health concerns of all American workers are being met. The agency has developed specific workplace standards and polices businesses to make sure these standards are being met. It also provides training and educational programs for small business owners and corporations and works to establish partnerships geared toward improving workplace safety and health.
Through a network of some 2,100 inspectors, as well as complaint discrimination investigators, engineers, physicians, educators, standards writers, and other technical and support personnel, the agency is well equipped to fulfill its lofty mission. There are more than two hundred OSHA offices that monitor workplace safety and health issues located throughout the United States.
OSHA inspectors have the right to enter any construction site and inspect and investigate during regular business hours "all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee". OSHA inspectors have the right to issue subpoenas and compel the attendance and testimony of evidence and witnesses.
In the event a citation is issued, the employer is notified and the employer has fifteen days to file a written protest or the fine will be deemed an unreviewable final order. Penalties vary from willful to not serious. Penalties can be in excess of $70,000 and result in criminal sanctions.
The attorneys at the law firm of Kushnick & Associates, P.C. represent employers in all phases of OSHA investigations and will help guide clients through the procedural and technical pitfalls that can sometimes doom them. We will work to prepare a response to any citation that is issued and try to reduce, or eliminate, any penalties that employers may face. The most important part of our ability to help is early action. Employers that know they are under investigation by OSHA, or that have already received citations, should immediately take steps to address the issue and having an attorney guiding the process is the best way to assure that your business is protected.
Contact us at Kushnick & Associates, P.C. to schedule an appointment for a free initial consultation at 1-888-KUSHLAW or (631) 752-7100.
