No 5. OSHA Can Issue Citations for Unsafe Work Conditions That Have Not Resulted in an Employee Injury

Bradley Arant Boult Cummings LLP
Contact

Bradley Arant Boult Cummings LLP

Most frequently, employers do not hear from OSHA unless they report a workplace injury. When a reported workplace injury does occur, OSHA will perform a walkthrough inspection of the worksite and may ultimately issue a citation for hazardous conditions OSHA believes may have caused or contributed to the incident. However, OSHA is not limited to issuing citations for hazardous conditions that may have caused or contributed to a workplace injury. Rather, OSHA can cite employers for any and all hazardous conditions to which workers may have been exposed regardless of whether the cited condition was in any way related to the incident.

In fact, OSHA doesn’t need any excuse to inspect your workplace at any time. OSHA has the right to inspect your workplace based on (1) a reported workplace injury, (2) an anonymous complaint, (3) a media report (e.g., press report of a fire, explosion, or incident), (4) a governmental decision to target a certain industry, or (5) a random decision.

If OSHA sees a hazardous condition – with or without a workplace injury – the employer is subject to citation. So, be on constant alert for hazardous conditions on your worksites as you never know when OSHA may come knocking on your door.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Bradley Arant Boult Cummings LLP

Written by:

Bradley Arant Boult Cummings LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Bradley Arant Boult Cummings LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide