SMART Safety Group

OSHA Representation

getoutofjail

How It Works

Our OSHA defense service has resulted in the elimination of tens of thousands of dollars in OSHA fines for our clients. Sign up for our Compliance Package and we will represent you.

Step 1 – Call Us
Call your SMART Safety Group consultant on their mobile phone when OSHA arrives for to audit your company

Step 2 – We talk to OSHA
We will speak with the enforcement officer and inform them about the safety system that we have implemented for your company. We let them know that we have:

  • Maintained your updated Material Safety Data Sheets (MSDSs)
  • Audited your company periodically for compliance issues
  • Maintain your updated Written Safety Program
  • Trained your employees on relevant safety and OSHA compliance issues

Step 3 – We Represent You
We also make sure the enforcement officer understands that we will be personally representing our client during the appeal process, if any fine citations are levied. Typically, OSHA enforcement visits to our clients result in zero citations. In fact, OSHA typicall clients commends our clients for maintaining excellent safety programs.

Step 4 – When You Are Fined
Typically, our clients receive compliance fines when they do not implement our advice. Even when our clients do receive fines we are usually able to reduce those fines a significant amount during our defense presentation. If we are able to prove that OSHA enforcement has incorrectly levied a fine citation, then the fine citation gets thrown out entirely.

Immediately following our client’s OSHA enforcement visit, their on-site safety program administrator will call us with a verbal review of what transpired. If OSHA indicated they found any compliance issues, we will note that and immediately begin planning our defense strategy. Our clients are instructed to fax us copies of any OSHA follow up citations so we can respond appropriately and within the OSHA deadlines. After conferring with our customer and receiving all of the OSHA citation documentation, we write a recommended response for our client to use in appealing the citation.

Step 5 – Appeal Process
The first step in the OSHA appeals process is helping our client present his case for fines elimination and/or reduction at the OSHA Informal Conference. This conference normally fulfills its purpose of allowing the cited business and OSHA to discuss the accuracy and fairness of the citations, resulting in fines elimination and/or reduction to a level that all parties are pleased to approve for settlement. When a satisfactory settlement is reached at the Informal Conference, there is no need to proceed through the formal appeals process. 90% of the time a satisfactory settlement is attained at the Informal Conference.

Step 6 – Formal Appeal
When a satisfactory settlement cannot be reached at the Informal Conference, i.e., we believe OSHA is incorrect in the levying of certain fine citations, the fine levels are extreme, or OSHA insists that our client admit guilt by paying a fine where an employee has been seriously injured, then we’d normally proceed to the Formal Appeal. A Formal Appeal can be expensive since lawyers normally get involved at this stage, as formal testimony is taken from everyone who can shed light on the case. And, this testimony can be used in a court of law. Nationally, business wins 80% of the time when their OSHA enforcement case ends up in court. Since a court case is expensive and OSHA knows they usually lose in court, most all OSHA citations get settled at the Informal Conference.