Can You Claim Employee Misconduct In an OSHA Citation? By Courtney M. Malveaux on September 21, 2020 Email this postTweet this postLike this postShare this post on LinkedIn When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind. To read the full article, click here.