OSHA Fine Should I Request An Appeal? - General Discussion - Contractor Talk

OSHA Fine Should I Request An Appeal?

 
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Old 08-12-2019, 05:24 PM   #1
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OSHA Fine Should I Request An Appeal?


Long Story short, I had my #1 carpenter shoot a #6 stainless ringshank into the side of his knee. He was on a screened in porch roof we built blending in clapboards. air hose snagged and he had his finger on the trigger.
He was calm but in pain and I/we didn't want to risk anything (Falling or making the injury worse) trying to get him off the roof. So we called 911. Fire Dept. got him off the roof and he got an ambulance ride to the hospital. (he missed everything and was back to work on Monday.)

By law police had to call OSHA for a site visit. Pictures, measurements, tore through the trailer checked all the guns tools etc.

I was notified today I will be getting a citation for not having him harnessed. I'm not disputing that. He was sitting on the roof on roof brackets (leading edge is 10' off the ground on a 4 1/2" pitch roof).

Is 2800.00 Excessive?
Should I appeal to try to get it lowered or keep my head down and pay it immediately?

Thanks in advance
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Old 08-12-2019, 05:35 PM   #2
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Re: OSHA Fine Should I Request An Appeal?


Appeal.

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Old 08-12-2019, 05:56 PM   #3
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Re: OSHA Fine Should I Request An Appeal?


I was able to get a 40% reduction after appeal. Still cost me $6800.

FYI, the fine is also not tax deductible.
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Old 08-12-2019, 07:00 PM   #4
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Re: OSHA Fine Should I Request An Appeal?


definitely appeal.

and provide a corrective action plan.
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Old 08-12-2019, 07:13 PM   #5
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Re: OSHA Fine Should I Request An Appeal?


Thank goodness he's ok. You're ahead of the game, regardless.
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Old 08-12-2019, 07:44 PM   #6
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Re: OSHA Fine Should I Request An Appeal?


Even though you more than likely will get it reduced on appeal. 2800 bucks is low, imo. I've never heard of anyone not getting the fine reduced on appeal.


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Old 08-15-2019, 10:50 PM   #7
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Re: OSHA Fine Should I Request An Appeal?


This is in Canada so the rules are a
bit different.
I owed them ( workmanís compensation) about $154.00
So I paid on time , and online.
I got fined $16.00 for not submitting a piece of F****ng piece of paper with the payment written on it.


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Old 08-16-2019, 08:44 AM   #8
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Re: OSHA Fine Should I Request An Appeal?


Quote:
Originally Posted by B.D.R. View Post
This is in Canada so the rules are a
bit different.
I owed them ( workmanís compensation) about $154.00
So I paid on time , and online.
I got fined $16.00 for not submitting a piece of F****ng piece of paper with the payment written on it.


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They are bad up here. I called them to cancel coverage on a summer worker I had a few years back.

They said they couldnít close my pollicy because they figured on of my trades wouldnít have separate coverage. Took two month and three letters from them demanding I pay for coverage on no one.
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Old 08-17-2019, 02:23 PM   #9
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Re: OSHA Fine Should I Request An Appeal?


In my unfortunate experience, they will set up a informal meeting, ahead of any action. They will offer to reduce the fine, by 1/2, if you write a check right then. They know it's cheaper than you hiring a lawyer and fighting it.

For myself, I had a tough scaffold set up. I was pretty happy with what we had. A competitor called OSHA. My platform was 18" too low. The fine was $200 per inch. At the first meeting, 1st question, "Are you union?" That set the tone. Second statement, "If you write a check right now and admit you were in the wrong, this whole thing will go away." I refused to admit any wrong doing, as I wrote the check.

This was years ago. Originally the rule was 6' for residential, which they suspended and went to 8'. Apparently they changed it back to 6' one month prior to OSHA visiting my job site.
The inspector said, "It's posted on the National Registry, it's your job to keep up to date."
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Old 08-17-2019, 02:37 PM   #10
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Re: OSHA Fine Should I Request An Appeal?


I'm glad I'm almost retired. I have never or would never get harnessed up on a 4/12 roof. I bet that "safety"equipment causes more problems than it prevents.

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