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

By Jared B. Caplan & Anne R. Yuengert on September 24, 2024
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No 5. OSHA Can Issue Citations for Unsafe Work Conditions That Have Not Resulted in an Employee Injury

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.

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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