OSTS will evaluate your case, prepare arguments / defenses and handle all negotiations with OSHA & Appeals Board. Client may be required to participate in face-to-face informal conferences and telephonic conferences as determined necessary.
OSTS will strive to settle your case as efficiently as possible. A majority of cases are settled prior to the need to appear at Appeal Hearing. OSTS will take your case to Hearing if warranted. This will be a mutually-agreed decision between OSTS and client, taking into account the potential gains and losses of going to Hearing.
Two steps prior to Hearing are the focus for settling your case.
- The first is the Informal Conference (informal meeting with OSHA). The Informal Conference will be scheduled ONLY after your Appeal is “Docketed” and our arguments are properly prepared. Dates are completely dependent on the applicable OSHA office District Manager’s schedule. This informal conference process can encompass several meetings / tele-conferences.
- The second step is the Pre-hearing Conference with our ALJ. The prehearing is mostly a formality in the process where the ALJ wants to ensure that the Employer and the Division (OSHA) are attempting to work toward settlement.
- The third step includes continued efforts in negotiating with the OSHA Manager, with the Goal of achieving satisfactory settlement terms that are reflecting accurate allegations and penalty amounts, if any.
OSTS cannot guarantee that OSHA will make a settlement offer, nor can OSTS guarantee that your case can be significantly adjusted or reduced. However, since 1992, OSTS has had tremendous success in achieving significant reductions in citation classification, withdraw of citations, reduction in total penalty amount owed, resulting in reduction in adverse impact on its client’s time and production. Click on the tab below to view some of our citation defense success.
Defense and negotiations are not just about reducing penalty amounts. OSTS defense goals also focus on settling/correcting any inaccuracies in citation issuance regarding Section number assignment and allegations noted on citations. These additional goals are vital in reducing / eliminating future Corporate risk associated with civil case concerns and/or follow up OSHA investigations.
Each case has a multitude of different variables that lead to its final outcome.
Ultimately, if a settlement cannot be reached, your case will proceed to Hearing.