30 days
Possible defenses to an OSHA citation include:not a recognized hazarduncontrollable employee misconductmisunderstanding of the situation by the OSHA inspector and there actually was no violation
The citation must be posted in the workplace until it has been abated or withdrawn.
Even if the fall was from a height lower than that at which fall protection is required, if the fall and subsequent injury results from some other violation of an occupational safety standard, or if circumstances made it a violation of the General Duty Clause, OSHA would have the authority to issue a citation.
If an employer feels that they have been treated unfairly with a citation from OSHA, then they can try to have it appealed. You can do this by contacting OSHA with the information outlined on your citation.
If an OSHA inspector finds a violation, it will be mentioned to management in the closing conference, unless it depends on air sampling results. Then the company may be notified by mail after the inspection. The citation will be reviewed by the OSHA Area or Regional Manager. If confirmed by OSHA management, a citation will be issued, with a proposed fine. The company may have an informal conference with OSHA to discuss whether the citation is justified and the proposed fine appropriate. The company also can file a formal notice of contest and contest the citation through Administrative Law Judges and even the civil courts. After the citation is final, the company must pay the fine and take whatever action is necessary to eliminate the violation and ensure it is not repeated.
In OSHA standards when the word "should" is used it is generally advisory and does not establish a requirement, the violation of which can produce a citation. When a requirement is intended, the word "shall" is used.
An OSHA citation informs the employees and employer of regulations that have being violated in work place, and paves the way for levying of fines and for legal action, if needed, to force compliance with the regulations.
If an employee fails to comply with OSHA regulations properly communicated by the employer, then he or she would be subject to disciplinary action by the employer. If an employer fails to comply with OSHA regulations, the employer could be cited and fined by OSHA.
The main purpose of OSHA is to ensure that employers provide employees with employment a place of employment free from recognized hazards. This is accomplished by the development of standards, the process of inspection and citation for violation, the provision of guidance and consultations, and the use of publicity.
A company would receive an OSHA citation if an OSHA inspector determined that the company was not in compliance with one or more OSHA regulations, and that determination was confirmed by the relevant OSHA Area Office and survived any appeals that were filed by the company.
Anyone can report to OSHA what they believe to be a violation of OSHA requirements, but only an employee can file a formal complaint with OSHA alleging that the employer has violated OSHA requirements. Complaints from non-employees are likely to receive less intense attention, unless they come from clearly knowledgeable healtha and safety professionals or relate to extremely hazardous situations.
If workers are working in water in a warehouse, that maybe an unsafe condition suitable for an OSHA citation, but whether it is depends on the details of the situation - what are people doing, working with, how long, is it routine conditions are unusual, etc., etc.