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Table Of Contents

INTRODUCTION
SPECIAL NOTICESFOR 2004
How to Use the Federal Manual
Ergonomic Rules
EMPLOYER RIGHTS
Constitutional Protections
Probable cause for OSHA inspections
The scope of the inspection
Warrants
Factors For Seeking a Warrant
Factors Against Seeking a Warrant
Consent to Warrantless Inspections
Consent by Others
Warrant Exceptions
An Emergency
Open Fields & Outdoor Projects
Plain View & Surveillance
Challenging Warrants
INSPECTION PROCEDURE
Presentation of Credentials
Opening Conference
Employer Representative’s Right of Accompaniment
The Walk-Through and Collecting Evidence
Closing Conference
ENHANCED ENFORCEMENT PROGRAM(EEP)
EMPLOYER STRATEGIES
Before The Inspection
At the Beginning of the Inspection
During the Inspection
Upon Receiving the Citation
At The Informal Conference
Disgruntled Employees, Labor Disputes & Retaliation
THE CITATION
Abatement
Petitions for Modification of Abatement (PMAs)
VIOLATIONS
Classifications
De Minimus
Other ThanSerious
Serious
Repeat
Failure to Abate
Willful
General Duty Clause Violations
Multi-Employer Situations
OSHA’s Multi-Employer Citation Policy
CIVIL PENALTIES
Penalty Factors
Gravity of the Violation
Gravity-Based Penalty (GBP)
Penalty Reductions
Size of the Employer
Good Faith
History of Previous Violations
Calculating Repeat & Willful Penalties
Penalties for Repeat Violations
Penalties for Willful Violations
Combining & Grouping Violations
Combined Violations
Grouped Violations
Egregious Penalties
CRIMINAL PENALTIES
Willful violation causes the death of an employee
Giving advance notice of an inspection
False statements, representations or certifications to OSHA
Forcibly Resisting or Assaulting a Compliance Officer
CONTESTING A CITATION
Filing the Notice of Contest
Informal Conference
Case Referral & Pleadings
Hearing Procedure
EMPLOYER DEFENSES
Attacking OSHA’s Burden of Proof
Applicability of the Standard & Non-compliance
Employee Exposure
Employer Knowledge
Procedural Defenses
Defective Inspection
Defective Citation
Affirmative Defenses
Employee Misconduct
Infeasibility/Impossibility
Greater Hazard
Preemption by Another Federal Agency
OSHA v. U.S. Military, USPS, & Others
LOSS PREVENTION SERVICES
Services Provided by OSHA
OSHA’s Consultation Service
VPP Program
SHARP Program
OSHA’s Strategic Partnership Program (OSPP)
Services Provided by Others
Workers’ Compensation Carriers
Independent Safety Consultants
GLOSSARY
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OSHA by William Brewster - Copyright Protected

OSHA by William Brewster - Copyright Protected

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Published by Buck Brewster

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Published by: Buck Brewster on Aug 17, 2011
Copyright:Attribution Non-commercial

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07/19/2013

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