OSHA Violations Defense Attorneys in Texas
Serving Businesses All Over the U.S. from Our Houston Office
OSHA inspectors have the right to show up at any time.
If there is a workplace injury or a death in the workplace, OSHA is going to get there as quickly as possible to investigate. They may show up to review reports of potential violations. Their appearance may be completely arbitrary or driven by complaints from disgruntled employees, landowners, or other parties. This is the most important thing to remember: employers have the right to protect themselves by hiring an OSHA attorney.
The best way to prepare for OSHA is to call Hendershot, Cowart & Hisey, P.C. as soon as a workplace accident takes place. We can ensure that you report the accident in compliance with federal law-while gathering evidence and conducting interviews in order to defend your business from a potential OSHA citation. Our team has over 130 years of combined experience defending against OSHA violations-let us protect your company's prosperity and future.
Types of OSHA Violations
OSHA violations are classified as follows:
- Other Than Serious Violations:
- These are violations that have not caused or would not cause death or serious physical harm. A common example is failing to list work-related injuries and illnesses on an OSHA form 300 log.
- Serious Violations:
- These are violations that have caused or could cause death or serious physical harm. A common example is failing to provide fall protection for workers working at heights or other safety equipment.
- Willful Violations:
- A violation is willful when an employer deliberately ignores requirements and fails to remedy issues.
- Repeat violations:
- This is when an employer is cited more than once for the same violation. Fines are substantial.
- Failure to Abate Previous Violation:
- This is when an employer fails to correct an issue within the required time frame. Fines can be high and may be added to daily until the issue is remedied to the satisfaction of the OSHA investigator.
With 25+ years' experience, the Houston OSHA lawyers at Hendershot, Cowart & Hisey, P.C. are prepared to defend employers against these and all other types of violations. We will take immediate action to prevent, mitigate, reduce, or eliminate citations. When possible, we can appear on site during the OSHA inspection. On these occasions, we strive to negotiate a positive outcome with an OSHA inspector on the spot if appropriate.
More Than Just a Fine
As of January 2020, OSHA fines businesses $13,494 per day for Failure to Abate, and $134,937 for Willful & Repeat Violations. However, when considering whether or not to hire an attorney, it is important to think about more than just fines. Certain citations can place employers on the Severe Violator Enforcement Program.
The Severe Violator Enforcement Program subjects businesses to enhanced fines, frequent and comprehensive inspections, and can permanently damage a business' reputation. Of the 400+ employers on the SVEP list, 49 closed their worksites, 23 went out of business, and 46 completely discontinued the operation that was cited. Being on the SVEP list can have long-term costs for your company that don't come in the form of a fine.
However, through negotiation with OSHA we may be able to mitigate those costs and/or reduce the level of the classification of the alleged violation.
Texas Workplace Safety Law Attorneys
For legal counsel and an initial consultation, call (713) 489-2028 or contact us online. Our OSHA defense attorneys are prepared to handle cases anywhere in Texas and throughout the U.S. from our office in Houston. We are also available by appointment in Galveston, Sugar Land, San Antonio, Austin, and Corpus Christi.