order if not contested within the 15 days. Upon request, the employer may participate in an informal conference at the OSHA area or regional office. The purpose is for the employer to seek to have the citation withdrawn or at least amended to “other than serious” if possible. This informal opportunity to more fully explain why no citation is warranted or why its level should be reduced should always be taken. The employer representative must be fully prepared to present the factual and legal defenses relied upon. The outcome can be quite significant for several reasons. OSHA’s 2019 revised penalties are as follows: • “Serious”, “other-than- serious” and posting


citations - $13,260 per violation


• Failure to abate: $13,260 per day beyond the abatement date


• “Willful” or “repeated” violations: $132,598 per violation


About the Author


Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz-law.com.


As if such monetary penalties


were not enough, every violation creates a five-year period during which any subsequent violations that are “substantially similar” will be considered as “repeat” violations.


Conclusion Even if your workplace has never been the subject of an OSHA inspection, planning and preparing for such an inspection is critical if an employer hopes to avoid costly penalties.


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