“Although many procedural and legal defenses may exist to an OSHA citation, one of the most popular and effective defenses is the unpreventable employee misconduct defense. Critically, however, its success hinges on what you do well before, not after, OSHA shows up,” writes Michael Rubin, Chair of the OSHA and Worksite Safety Practice Group.
In his article for Modern Contractor Solutions, Mike explains the four components evaluated by OSHA to determine if an employer has done its part to educate employees on worksite safety and protect them from foreseeable injury.
He highlights the need for established rules, continued employee education on the rules, routine jobsite inspections, and proper incident documentation. “By considering your compliance with the requirements of the defense — now, before OSHA shows up — you will minimize your potential future OSHA exposure while simultaneously advancing your interests of maintaining a safe worksite.”