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Employers are held accountable by Occupational Safety and Health Administration (OSHA) to ensure that their facilities are safe from the most significant dangers and follow the Act’s rules and regulations. Companies must establish or revise operating processes and convey them so that personnel meets safety and health regulations. Powder Cote II and its successors were accused of violating OSHA standards, and as a result, sanctions have been levied on the firm (Michigan Occupational Safety and Health Administration [MIOSHA], 2019). The employer must conduct inspections to guarantee that the workplace complies with OSHA laws and that all employees have access to and use appropriately maintained safe equipment and tools.
The nature and severity of an infringement determine the kind of citation issued by OSHA. A willful breach of the OSHA occurs when an organization has shown either deliberate contempt for the Act’s provisions or reckless disregard for the safety and health of its employees. For each intentional breach, the employer may be fined up to $70,000 (MIOSHA, 2019). An employer found guilty of willful violations of rules that result in the death of a worker faces a fine court fine or six months in jail, or both. If found guilty in court, the business could face a $500,000 penalty (OSHA, 2018). Organizations would wish to avoid these fines by complying with OSHA regulations.
Any workplace conduct that poses a considerable risk of death or severe bodily damage to employees is considered a serious violation. As a result, OSHA may impose a $7,000 fine per serious infraction by Powder Cote II (OSHA, 2018). When the company not challenging a penalty or a citation is settled or ruled upon in court, it becomes a final order and cannot be appealed. A civil penalty of up to $70,000 may be imposed if there is a repeat offense (OSHA, 2018). Employers can avoid such fines by adhering to operational standards.
The first step is for Accurate Comfort Systems, Inc management to review the OSHA citations and other relevant paperwork. Time is essential since specialized procedures have limited timeframe periods. Not paying attention to these records might lead to disastrous consequences (MIOSHA, 2019). The next step is to organize a meeting with OSHA to discuss the citation. The conference’s goal is to verify the citations are correct and to obtain knowledge of the citations by identifying each place and document cited. It is also essential to check the clearance dates to ensure enough time to comply. It is indeed up to the company to determine whether or not to dispute the citation. The business may contest all or part of an OSHA citation. Even if the company does not deny the underlying infractions, it might dispute the proposed fines and abatement dates. If the employer agrees to pay the penalties, they should be paid within 15 days unless a dispute arises. This process should be followed once a penalty arrives from OSHA.
If OSHA ever files an accusation against a business, it must have access to thorough and well-organized documents. The importance of keeping detailed records cannot be overstated. Such records may be used to build more robust defenses if claimed infractions lead to fines (MIOSHA, 2019). Pictures, films, and even images the OSHA inspector took may be required as evidence. Employee and witness accounts, in addition to site documentation and safety guidelines, provide further supporting information. Additional documentation might include toolbox and tailgate safety written notes, sign-in forms from safety training courses, or notes from a hazard training program. Evidence against OSHA fines may be found in personal records, including reprimands.
After an OSHA inspection, employees have certain rights and obligations. Employees who file complaints or otherwise exercise their rights under the Labor Code are protected from retaliation by their employers (MIOSHA, 2019). If workers feel they have been mistreated in the workplace, they have six months from the date of the incident to file a claim. An employer will not penalize workers who file lawsuits or exercise their privileges under the Labor Code. If workers are penalized and interested in attending the informal meeting, they should inform the District Manager. In the event of objections from the company, a separate, informal meeting will be scheduled.
The penalties levied by OSHA may be mitigated if businesses adhere to the regulations. First and foremost, employers should treat their employees fairly if they want to limit the likelihood of litigation from their staff. Employee satisfaction is raised by creating a secure workplace for them to do their duties (Taheri et al., 2020). If employees are provided with adequate protection, the likelihood of occupation-associated death is drastically reduced. As the number of violations of OSHA regulations drops, so do the associated penalties for businesses. Filing a complaint by the organization after the imposition of the OSHA penalty may also reduce the imposed fines. OSHA may decide to review the fine imposed on the organization’s action if it makes a justified complaint in court.
Protecting workers’ rights is crucial; thus, OSHA ensures that employees are guaranteed a safe working environment. Companies should not subject their employees to threats and intimidation, which leads to the filing of complaints. Workers must have a safe workplace to prevent injury, illness, or death. Companies must ensure that they adhere to the set standards to avoid penalties imposed by OSHA. As occupational fatalities and diseases decrease, OSHA will not find any violations during its inspections.
References
Michigan Occupational Safety and Health Administration (MIOSHA). (2019). Citation and notification of penalty. Michigan Department of Licensing and Regulatory Affairs. Web.
OSHA. (2018). Employer rights and responsibilities following a federal OSHA. Web.
Taheri, R. H., Miah, S., & Kamaruzzaman, Md. (2020). Impact of working environment on job satisfaction. European Journal of Business and Management Research, 5(6), 1–5. Web.
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