Both employers and employees have a right to contest citations and penalties and

Question

Both employers and employees have a right to contest citations and penalties and to request a review of decisions made by administrative law judges by the full Occupational Safety and Health Review Commission (OSHRC). The process is used frequently by employers but infrequently by employees. Reflect on situations where you believe an employee would benefit the most from contesting a citation and why you believe employees do not participate in the process to a greater extent. Your journal entry must be at least 200 words in length. No references or citations are necessary.

Explanation / Answer

The citations and penalties relate to the unfavourable and hazardeous work conditions found during an OSHA inspection process. The employers may contest the citations, notices and penalties imposed by the OSHA if they find them unreasonable or based on incomplete information. In many cases, the employees benefit from the review, particularly when the employee knows that the hazard found during inspection was a stray incident and did not reflect the real state of affairs, and when he /she ( or a group of employees) can be subject to disciplinary actions for negligence that led to exposure of hazard due to manual mistakes ( not procedural ones) by the company authorities. Such review requests may save them from such actions,or may dilute the volume therof.

The reason behind non participation of employees to a greater extent is that a larger proportion of occupational hazards is because of the employer's negligence or callous attitude in finding and sorting out the issues related to workplace safety, and the employees believe that the citations and penalties will help to improve the work conditions.

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