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No. 4 of 10 Things Every Employer Should Know About OSHA: OSHA Must Issue a Citation Within Six Months

By Jared B. Caplan & Anne R. Yuengert on September 10, 2024
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No. 4 of 10 Things Every Employer Should Know About OSHA: OSHA Must Issue a Citation Within Six Months

OSHA has a time limit on issuing citations. It must issue a citation within six months of the occurrence of any violation. The only exception to this rule is where the employer has concealed the violative condition or misled OSHA. If such a situation occurs, OSHA must issue the citation within six months from the date when OSHA learns, or should have known, of the condition.

So, the moral of the story is, just because it’s been a couple months since your OSHA inspection does not mean OSHA has decided not to issue a citation. You can check on the status of OSHA’s investigation by reviewing the OSHA establishment search page to see whether OSHA has closed its inspection or not.

Photo of Jared B. Caplan Jared B. Caplan

Jared Caplan has over two decades of multi-faceted experience in the construction, oilfield, and financial services industries. He has represented clients in litigation and transactions throughout the U.S.

Jared’s wide-ranging practice includes serving as a trusted advisor on business operations, regulatory compliance, and…

Jared Caplan has over two decades of multi-faceted experience in the construction, oilfield, and financial services industries. He has represented clients in litigation and transactions throughout the U.S.

Jared’s wide-ranging practice includes serving as a trusted advisor on business operations, regulatory compliance, and lending practices. He also has led successful defense efforts in multimillion-dollar litigation matters.

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Photo of Anne R. Yuengert Anne R. Yuengert

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and…

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and working through issues surrounding FMLA and USERRA leave. When preventive measures are not enough, she handles EEOC charges, OFCCP and DOL complaints and investigations, and has handled cases before arbitrators, administrative law judges and federal and state court judges. She has tried more than 30 cases to verdict.

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  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Insights
  • Organization:
    Bradley Arant Boult Cummings LLP
  • Article: View Original Source

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