Last month, we provided you with a Client Alert which emphasized the importance of responding to OSHA citations in a timely manner. It should be noted that the applicable response period can vary depending upon whether the enforcement agency is from the state or the federal government. In Tennessee, companies have 20 days to respond to TOSHA violations, while in Georgia, federal OSHA has jurisdiction and the response deadline is 15 days from the date on which the citation or notice of violation is received.

The purpose of the second update is to illustrate an additional “late response” issue which just occurred.

Recently, another client had its manufacturing facility inspected by federal OSHA (“OSHA”). Following the inspection, multiple citations were issued, and the client received the citation notice via certified mail. The client had 15 days from the date of receipt of the citations to respond to OSHA to request an informal conference and a formal hearing. The client should have sent a written request asking for all available consideration within that 15-day window.