Florida Construction Law

OSHA has also altered the way it combines or bundles violations. By assessing violations as individual citations, OSHA can assess more penalties per inspection.  Previously, OSHA typically only issued a single citation for each standard that it alleges an employer violated regardless of how many employees are affected by the alleged violation.  The Secretary of Labor, however, recently revised thirty-four different OSHA standards to permit OSHA to cite employers with a separate violation for each affected employee.  In one recent case, an employer was cited 11 times for failure to provide 11 employees with respirators while removing asbestos from a building.  See e.g.   Clarification of Employer Duty to Provide Personal Protective Equipment and Train Each Employee, 73 Fed. Reg. 75,568, 75,583-89 (Dec. 12, 2008).  Although the new rules authorize employee-by-employee citations, the Secretary’s Field Operations Manual states that generally only a single citat...

Although a bad purpose or evil motive is not a necessary element of a willful violation, an employer is entitled to entertain a "good faith" opinion that his conduct conforms to regulatory requirements. Accordingly, a willful violation will not be found where an employer disputes in good faith the applicability of a standard. For example, evidence that an employer reasonably believed that the workplace hazard in question was not subject to regulation, and that the employer's supervisor took steps to alleviate apparent danger at the employer's work site has supported a finding that a violation of an OSHA standard was not willful. The test of good faith is objective. An employer's belief concerning the factual matters in question must have been reasonable under the circumstances; i.e., the employer's belief must have been "non-frivolous." Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St...

I will present a seminar entitled "The OSHA Inspection and Citation Process" to the Pinellas County Contractors Association (PCCA) on April 28, 2011.  This seminar will provide attendees with practical insight needed to understand the legal issues associated with the OSHA inspection and citation process. It will take place at the Cove Cay Country Club, 2612 Cove Cay Drive, Clearwater, FL 33760. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com