OSHA Representation
Since 1993, Assured Compliance Solutions, Inc. has successfully defended our "Total OSHA Compliance Package" customers
from OSHA enforcement citations. In fact, our OSHA defense service has resulted in the reduction or elimination of many
tens of thousands of dollars in OSHA fines.
"Total Compliance Package" customers are instructed to call their ACS consultant on his/her cell phone when OSHA enforcement
arrives to audit their OSHA compliance. We talk to the enforcement officer and let him/her know that we keep our client's
SDSs updated, audit their company annually for compliance, have written their OSHA compliant safety training programs,
and that our company has safety trained many or all of their employees. We also make sure the enforcement officer
understands that we will be personally representing our client during the appeal process, if any fine citations are levied.
Often our clients are commended by OSHA for their excellent safety program and the enforcement visit results in no citations.
Typically, our clients receive compliance fines because they have not fully implemented our advice. Even then, our client
defense presentation to OSHA usually results in a reduction of those fines. Often we are able to prove that OSHA enforcement
has incorrectly levied a fine citation, and the fine citation gets thrown out entirely.
Immediately following our client's OSHA enforcement visit, their on-site safety program administrator will call us with a verbal
review of what transpired. If OSHA indicated they found any compliance issues, we will note that and immediately begin planning
our defense strategy. Our clients are instructed to right away email us copies of any OSHA follow up citations, so we can help them
respond appropriately and within the OSHA deadlines. After conferring with our customer and receiving all of the OSHA citation
documentation, we write a recommended response for our client to use in appealing the citation.
The first step in the OSHA appeals process is helping our client present his case for fines elimination and/or reduction at the
OSHA Informal Conference. This conference normally fulfills its purpose of allowing the cited business and OSHA to discuss the
accuracy and fairness of the citations, resulting in fines elimination and/or reduction to a level that all parties are pleased
to approve for settlement. When a satisfactory settlement is reached at the Informal Conference, there is no need to proceed
through the formal appeals process. 90% of the time a satisfactory settlement is attained at the Informal Conference.
When a satisfactory settlement cannot be reached at the Informal Conference, i.e., we believe OSHA is incorrect in the levying of
certain fine citations, the fine levels are extreme, or OSHA insists that our client admit guilt by paying a fine where an employee
has been seriously injured, then we'd normally proceed to the Formal Appeal. A Formal Appeal can be expensive since lawyers normally
get involved at this stage, as formal testimony is taken from everyone who can shed light on the case. And, this testimony can be
used in a court of law. Nationally, business wins 80% of the time when their OSHA enforcement case ends up in court. Since a court
case is expensive and OSHA knows they usually lose in court, most all OSHA citations get settled at the Informal Conference.