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| Cal OSHA Citation Defense Success |
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Below is a sample of cases where O.S.T.S.,
Inc. was contracted after-the-fact (after the initial Cal
OSHA inspection) to defend and negotiate a company’s
packet of alleged violations.
The cases summarized below are actual cases recently handled
by O.S.T.S., Inc. Results described below are not guaranteed
and each case settles differently due to significant variations
in facts and evidence.
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| A manufacturing firm in Los Angeles County
experienced an employee injury and was inspected by Cal OSHA.
Accident:
An employee was operating an angle grinder when an electrical
short circuit occurred. The short-circuit caused an electrical
flash which exited the grinder and grounded itself through
the employee’s leg.
Cal OSHA Inspection findings:
A Cal OSHA inspector investigated the accident and issued
citations to the employer for four General violations and
three Serious violations totaling $23,350.
O.S.T.S., Inc. Investigation and Employer Defense:
Upon O.S.T.S. investigation, it was discovered that the employer
had no way of knowing about the electrical fault in the grinder
based on the specifics of the accident and condition of the
tool. The Affirmative employer defense of "Lack of Employer
knowledge" was used and the entire case was agreed and
settled at the Informal Conference. The results were:
1. Three of the four General violations were modified to
a Notice with a penalty amount of $0.00
2. Two of the three Serious violations were modified to General,
changing the combined dollar amount to $500.00, and;
3. The third and final Serious violations was Withdrawn.
Final Tally:
Four of the seven violations were dismissed,
A Non-admission of Guilt Clause was acquired,
No appeal monies were unnecessarily spent by the employer,
and
Total penalties were reduced from $23,350 to $625.
A savings of $22,725 was achieved (97.3% reduction)
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| A manufacturing firm in Los Angeles County
experienced an employee complaint and was inspected by Cal OSHA.
Incident:
An employee called in a complaint to the City Santa Fe Springs
regarding lack of enough restrooms for Men and Women at the
employer’s facility.
Cal OSHA Inspection findings:
A Cal OSHA inspector was referred to the employer’s
business by the City inspector. Cal OSHA investigated the
complaint, conducted a comprehensive inspection, and issued
citations to the employer for twelve General violations and
four Serious violations totaling $16,160.
O.S.T.S., Inc. Investigation and Employer Defense:
Upon O.S.T.S. investigation, it was discovered that the employer
had some violations within their facility, however, the employer
had been making a vigilant "Good Faith" effort to
create a safe working environment for its employees. Using
various arguments/defenses for the many alleged violations,
O.S.T.S., Inc. was successful in settling the entire case
at the Informal Conference. The results were:
1. One of the twelve General violations was withdrawn,
2. One of the twelve General violations was reclassified to
a Notice at $0.00 penalty,
3. Seven of the twelve General violations were reduced to
zero penalty,
4. The three remaining General violations were reduced to
a combined penalty amount of $310
5. All four of the Serious violations were modified to General,
changing the combined dollar amount to $600.00, and;
Final Tally:
Two of the twelve violations were dismissed,
No appeal monies were unnecessarily spent by the employer,
and
Total penalties were reduced from $16,160 to $910.
A savings of $15,250 was achieved (94.3% reduction)
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| A Distribution firm in Los Angeles County
experienced an employee injury and was inspected by Cal OSHA.
Accident:
An employee was operating an industrial truck (forklift) when
he accidentally hit a fellow coworker in the ankle with the
forklift load as he was trying to pass by on the loading dock.
The victim experienced a severely shattered ankle, but eventually
healed.
Cal OSHA Inspection findings:
A Cal OSHA inspector investigated the accident and issued
citations to the employer for two Regulatory violations and
two Serious violations totaling $25,500.
O.S.T.S., Inc. Investigation and Employer Defense:
Upon O.S.T.S. investigation, it was discovered that the Division
(Cal OSHA) did not apply the appropriate discounting scheme
and that the Accident-related Serious violation was cited
incorrectly. The results were:
1. The two Regulatory violations were reduced to a total
of $600.00.
2. One of the two Serious violations was reduced to a total
amount of $2,700.00 from $6,750.00, and;
3. The final Serious violation was reclassified to a General
due to the Division being made aware that they cited the wrong
Section number. The penalty drop from $18,000 to $600.
Final Tally:
All four of the violations were reduced and/or reclassified,
A Non-admission of Guilt Clause was acquired,
No appeal monies were unnecessarily spent by the employer,
and
Total penalties were reduced from $25,500 to $3,900.
A savings of $21,600 was achieved (84.7% reduction)
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| A Distribution firm in Los Angeles County
experienced a Programmed inspection by Cal OSHA. The Anaheim,
High Hazard unit conducted a comprehensive inspection of the
facility.
Incident:
The Cal OSHA High Hazard Unit conducts selective, comprehensive
inspections of industries categorized into High Hazard operations
by Standard Industrial Code (SIC) accident and injury data.
Cal OSHA Inspection findings:
A Cal OSHA inspector arrived on site and conducted a wall-to-wall
inspection of the facility and allegedly found three Regulatory,
two General and ten Serious violations. These citations totaling
$37,935.
O.S.T.S., Inc. Investigation and Employer Defense:
Upon O.S.T.S. investigation, it was discovered that the employer
had some violations within their facility, however, the Division
(Cal OSHA) had incorrectly classified MANY of the citations.
Using various arguments/defenses for the many alleged violations,
O.S.T.S., Inc. was successful in settling the entire case
at the Informal Conference. The results were:
1. Two of the Regulatory violations were reduced by a combined
amount of $150 and the third Withdrawn,
2. The two General violations were reduced by a combined amount
of $150,
3. Five of the ten Serious violations were reclassified to
General and then four of those 336k’d (reduced to $0.00),
reducing the seven combined violation’s penalty amounts
from $23,400 to $975, and
4. Two of the five remaining Serious violations were 336k’d
to a combined total of $450 and the remaining three Serious
were reduced to a combined penalty amount of $7,875
Final Tally:
Five of the ten Serious violations were reclassified,
No appeal monies were unnecessarily spent by the employer,
and
Total penalties were reduced from $37,935 to $10,050.
A savings of $27,885 was achieved (73.5% reduction) |
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Critical factors in defending a company
in the event of citations issued by Cal OSHA include:
1. Having an effective Injury and Illness Prevention Program
(IIPP), which includes having documented records of Safety Committee
meetings, employee safety training, facility inspections (with
corrective actions), accident investigations (if any), and disciplinary
action administered to employees for violations of company safety
policy.
a. This is critical in aiding in the reclassification, withdraw
and "Affirmative Defense" success.
2. Respecting and cooperating with the Cal OSHA Inspector throughout
the inspection process
a. This is instrumental in the Division considering maximum
"Good Faith" discounting of 15%.
3. Having an experienced and knowledgeable consultant handling
your case.
a. This is essential in understanding the technicalities and
available defenses which may apply to your case. |
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