OSHA FAQs
New York OSHA Lawyer FAQs | OSHA Violations & Citation Defense
If you are a New York employer facing an OSHA violation, OSHA citation, OSHA inspection, or workplace safety investigation, you may have questions about your legal rights and obligations. Labor Law Firm represents employers and businesses in New York OSHA matters, including OSHA citation defense, OSHA inspections, proposed penalties, workplace safety violations, and OSHA enforcement matters.
We also handle legal matters involving serious workplace injuries, construction accidents, ladder and scaffolding falls, catastrophic injuries, and workplace fatalities.
What Does a New York OSHA Lawyer Do?
A New York OSHA lawyer represents employers and businesses in matters involving OSHA inspections, citations, alleged workplace safety violations, proposed penalties, abatement requirements, and enforcement proceedings.
An OSHA attorney can review a citation or inspection, evaluate the allegations and evidence, advise an employer about available legal options, and assist with citation contests, informal conferences, settlement discussions, and other OSHA proceedings.
Can a New York Employer Fight an OSHA Citation?
Yes. An employer may have the right to contest an OSHA citation, proposed penalty, or other aspects of an OSHA enforcement action.
For federal OSHA citations, an employer generally has 15 working days after receiving a citation and notification of penalty to notify OSHA of its intent to contest. Missing the applicable deadline can have significant legal consequences.
Because OSHA deadlines can be critical, a business that receives a citation should promptly consult an OSHA citation defense attorney in New York.
Can an OSHA Citation Be Reduced or Dismissed?
Depending on the circumstances, an employer may have grounds to challenge one or more citation items or seek a different resolution.
Potential issues may include whether the cited OSHA standard applies, whether a violation occurred, whether employees were exposed to the alleged hazard, whether the employer had knowledge of the condition, whether the violation was properly classified, and whether the proposed penalty or abatement period is appropriate.
A New York OSHA citation lawyer can review the citation, inspection materials, applicable standards, and available evidence and advise the employer regarding potential defenses.
What Is OSHA Citation Defense?
OSHA citation defense involves representing an employer responding to an OSHA citation, inspection, proposed penalty, or enforcement action.
Depending on the circumstances, representation may include reviewing inspection materials, contesting citation items, addressing proposed penalties, participating in informal conferences, negotiating with OSHA, and addressing abatement requirements.
What Are Common OSHA Violations?
OSHA regulations address a wide range of workplace hazards. Common OSHA violations can include:
- Fall protection violations, including hazards involving elevated work areas and unprotected edges
- Ladder and scaffolding violations
- Hazard communication violations, including chemical labeling and safety information
- Machine guarding violations
- Lockout/tagout violations involving hazardous energy
- Personal protective equipment violations
- Electrical safety violations
- Respiratory protection violations
- Recordkeeping and reporting violations
- Housekeeping and walking-working surface violations
- Excavation and trenching violations
- Failure to provide required employee safety training
The OSHA standards that apply depend on the employer’s industry, operations, workplace conditions, and the circumstances involved.
What Happens During an OSHA Inspection?
An OSHA inspection may examine workplace conditions, safety procedures, equipment, employee training, records, and other potential hazards.
An inspection can result in citations and proposed penalties when OSHA determines that applicable requirements have been violated.
An OSHA inspection lawyer in New York can advise an employer concerning the inspection and help evaluate potential legal issues before and after citations are issued.
Does OSHA Apply to Businesses in New York?
Federal OSHA generally covers private-sector employers in New York. New York’s Public Employee Safety and Health Bureau, known as PESH, covers state and local government workplaces.
Determining whether a matter falls under federal OSHA or PESH is important because the applicable requirements, procedures, deadlines, and enforcement mechanisms may differ.
What Is PESH in New York?
PESH is the Public Employee Safety and Health Bureau within the New York State Department of Labor. PESH provides occupational safety and health protection to New York public-sector employees.
A New York PESH lawyer can help a public employer understand applicable safety requirements, notices of violation, orders to comply, and administrative procedures.
Workplace Falls, Ladders & Scaffolding
Can a Workplace Fall Cause a Serious Injury?
Yes. Workplace falls can result in serious and catastrophic injuries, including traumatic brain injuries, spinal cord injuries, fractures, internal injuries, paralysis, permanent disabilities, and other life-changing conditions.
Falls from ladders, scaffolding, roofs, elevated platforms, and other work surfaces can create significant risks for workers.
Depending on the circumstances, an accident may involve workers’ compensation, OSHA requirements, New York construction laws, or potential claims against third parties.
What If I Fall From a Ladder at Work?
A fall from a ladder can result in serious injury or death. An investigation may examine the condition and placement of the ladder, safety procedures, employee training, supervision, and other circumstances surrounding the accident.
A New York ladder accident lawyer can investigate the circumstances of a workplace ladder fall and determine what legal rights or claims may be available.
What If I Am Injured in a Scaffolding Accident?
Scaffolding accidents can result in serious or catastrophic injuries. Potential issues may involve fall protection, scaffold construction, access, maintenance, defective equipment, training, or other workplace conditions.
Depending on the circumstances, a New York scaffolding accident lawyercan investigate the accident, relevant safety records, contractors and subcontractors, and other evidence.
Can a Workplace Fall Result in Death?
Yes. Falls from ladders, scaffolding, roofs, elevated platforms, and other work surfaces can result in fatal injuries.
When a workplace accident results in death, the family may have questions concerning workers’ compensation benefits, OSHA or PESH investigations, and potential claims against parties other than the deceased worker’s employer.
A New York wrongful death attorney can investigate the circumstances of a fatal workplace accident and determine whether potential third-party claims or other legal remedies may exist.
OSHA Violations & Workplace Injuries
What If I Was Seriously Injured Because of an OSHA Violation?
If you were seriously injured in a workplace accident involving an alleged OSHA violation, you may have rights under workers’ compensation law and, depending on the circumstances, other applicable laws.
OSHA violations can involve hazards associated with falls, machinery, electrical equipment, chemicals, inadequate protective equipment, and other unsafe workplace conditions.
An OSHA violation does not automatically establish a separate personal injury claim. The available legal remedies depend on the circumstances of the accident and applicable New York law.
Can an OSHA Violation Be Relevant to a Construction Accident?
An OSHA citation, inspection record, or other safety documentation may be relevant when investigating a construction accident, although an OSHA violation does not automatically establish civil liability.
Construction accidents involving falls, ladders, scaffolding, machinery, electrical hazards, or other unsafe conditions may raise additional legal issues under New York law.
The circumstances of the accident and the identity of potentially responsible parties should be carefully investigated.
Can a Workplace Death Lead to a Wrongful Death Claim?
Potentially. A fatal workplace accident may involve workers’ compensation benefits and, depending on the circumstances, potential claims against third parties.
A construction accident, equipment accident, scaffolding accident, ladder fall, or other workplace fatality may involve contractors, subcontractors, property owners, equipment manufacturers, or other entities.
A New York wrongful death lawyer can investigate the circumstances and determine whether potential third-party claims or other legal remedies may exist.
OSHA Retaliation & Employee Rights
Can My Employer Retaliate Against Me for Reporting an Unsafe Workplace?
Certain federal and New York laws provide protections against retaliation for protected workplace safety activities.
If you were fired, disciplined, demoted, threatened, or otherwise retaliated against after reporting a workplace safety concern or participating in a protected safety proceeding, you should promptly consult an attorney.
The applicable protections and deadlines depend on the circumstances.
Hiring a New York OSHA Attorney
When Should I Contact a New York OSHA Lawyer?
You should consider contacting an attorney promptly after receiving an OSHA citation, learning that your business is being investigated, or becoming aware of a serious workplace safety issue.
Legal advice may be particularly important when a matter involves substantial proposed penalties, multiple citation items, serious or willful allegations, a workplace fatality, a serious construction accident, or questions about whether to contest an OSHA citation.
What Should I Bring to an OSHA Lawyer?
If available, bring:
- The OSHA citation and notification of penalty
- OSHA inspection correspondence and reports
- Photographs and videos
- Safety policies and manuals
- Employee training records
- Accident reports
- Equipment maintenance records
- Witness information
- Relevant emails and communications
- Contractor and subcontractor agreements
- Other documents concerning the alleged violation or accident
For an injury or fatality, preserve photographs, medical records, accident reports, witness information, and other documentation concerning the accident.
Contact a New York OSHA Lawyer
If you are facing an OSHA citation, OSHA inspection, PESH matter, workplace safety investigation, or OSHA enforcement action in New York, Labor Law Firm can help you understand your legal options.
We represent clients in matters involving:
New York OSHA Violations • OSHA Citation Defense • OSHA Inspections • OSHA Penalties • OSHA Enforcement • PESH Matters • Workplace Safety Violations • Construction Accidents • Ladder Accidents • Scaffolding Accidents • Serious Workplace Injuries • Catastrophic Injuries • Workplace Fatalities • Wrongful Death • Workplace Retaliation
Whether you are an employer defending an OSHA citation or an individual dealing with a serious workplace accident, contact Labor Law Firm to discuss your situation.
Contact Labor Law Firm today to schedule a consultation.
This website provides general information and is not legal advice. Laws, regulations, deadlines, and legal remedies may vary depending on the circumstances of a particular matter and the jurisdiction involved. No attorney-client relationship is created by reading this page or contacting the firm.