Discuss the following:
It is Based on the Citation and Notification of Penalty letter you received , make a document that summarizes at least five actions you would take as soon as possible after you reviewed the letter. For each of the actions, you should state the following:
a. the exact action,
b.why you believe the action is required for the citations and penalties,
c. how you believe the actions will assist in responding to the citations and penalties,
d. resources you would use to accomplish the action.
Create a response of minimum of 2 pages which should follow APA format:
Citations and Penalties
The response to the Occupational Safety and Health Administration (OSHA) citations as highlighted by Pledgie (2015) could take an agreeing, contesting, or even an informal conference angle. The approach that would be precisely taken to the response towards the proposed citations and penalties is contesting. However, there are actionable steps that need to be taken in the selected approach of responding.
One thing that need be undertaken is that the proposed citations and penalties needing to be contested shall be done so in the span of 15-working days. Failure to take this step may result in the application of the proposed citations and penalties. This formal contest should be undertaken by writing to the area director. Contesting may be for all items under considerations or even the particular issue requiring the same. Gillis, Ellis & Baker (2016) observed that when undertaking the formal contest angle as the mode of response, defined aspects are worth noting. One should determine the extent of the citation that has been provided by OSHA. It involves digging deep to unearth whether what OSHA implies is properly grounded and whether the party in question has enough materials to prove OSHA otherwise.
The other step would entail determining the cost associated with the abatement and what other factors that are required for the same. Gillis, Ellis & Baker (2016) discouraged the tendency of taking heed of a citation due to the attraction of minor fines associated with the same. Another important step that is worth undertaking is the determination of the process by which the allotted fines are agreed upon as Gillis, Ellis & Baker (2016) voiced. The authors stated that this determination could be of much help in the argument of the “degree of fairness used to determine this amount.” (Gillis, Ellis & Baker, 2016).
As highlighted above and as discussed by various authors, numerous options could be employed towards the proposed citations and penalties. Pledgie, (2015) discussed that three options could be exploited as approaches towards the citations and penalties. These options are such as; agreeing to them, informal conferencing ad formal contests. On the occasion that an enterprise agrees to the penalties, it is tasked with submitting the stipulated fines within 15-working days. Besides, it is supposed to provide an Abatement certification through the letter notifying the director within the area of operation that the required step has been undertaken. The enterprise in question is required to make rectifications of the issues under contention and provide necessary documents showing the same on the occasion that the area director requests the same.
On the occasion that the entity employs informal conferencing as their action plan; it is needed to request the informal conference with the OSHA area director within 15-working days, and this is before inclining towards the formal contest. The informal conference takes place strictly within the stipulated period with no allowance provided. The other option is the formal contest. This option according to Pledgie (2015) is exploited on the occasion that informal conference fails to yield the desired results. The entity in question is required to file a Notice of Intent to Contests (NIC) which should be in a written form and also be in the span of the 15-working days after being served with the citation. The author stated that; “if an entity fails to contest the citation within the 15-working day period formally, the citation becomes a final order, which is not subject to judicial review.”
In making responses to citations and penalties, some contacts are worth initiating. One of those is contacting an expert in the citations and penalties that the entity has been served. The expert would provide informed advice that would assist in the making of informed decisions. The other contact is the legal counsel of the entity. The lawyers would help in the proving the stands of the entity with regards to the citations and penalties.
Various documents are crucial in approaches that would be exploited in the responses made. Pledgie (2015) noted the Abatement Certification rendered to the OSHA area director on the occasion that the entity agrees to the citations and penalties is one such document. Another document worth maintaining is the Occupational Safety and Health Administration (OSHA) A
References
Gillis, Ellis & Baker, (2016). Responding to OSHA Citations: Appealing. Risk insights. Retrieved from https://www.gillis.com/Press_Room/GEBNewsLetters/Safety/Start/2013/February/Responding%20to%20OSHA%20Citactions%20-%20Appealing.pdf
Pledgie D. (2015). Responding to an OSHA Citation: To Agree or Not Agree, That is the Question. Health Center compliance. Retrieved from
https://www.healthcentercompliance.com/subscriber/compliance-connection/1672