Legal Obligations
- Compliance – Standards, General Duty Issues
- Procedures – Record-Keeping, Notices, Communications
- Pre-Inspection Preparation – Privileged Internal Audit, Issue Identification, Correction
- Inspections – Immediate Correction, if Appropriate
- Citations – Notification of Penalty, Willful, Serious, Other
- Notice of Contest – Defenses, OSHRC Hearing, Settlement
- Abatement – Process, Procedure, Evidence
As a part of its overall employment practice, TREMITI LLC advises employers regarding their workplace safety obligations under the Occupational Safety and Health Act (OSHA). The firm assists clients with OSHA compliance and counsels clients faced with an OSHA periodic inspection and with any citations issued as a result. TREMITI LLC prepares Notices of Contest subsequent to an OSHA periodic inspection on behalf of its clients and provides appropriate representation throughout the abatement, settlement and hearing process before the Occupational Safety and Health Review Commission (OSHRC).
Compliance, Procedures, Pre-Inspection Preparation
TREMITI LLC advises its business clients about the legal obligations imposed by the General Duty clause and the specific safety standards associated with the Occupational Safety and Health Act (OSHA).The firm assists clients with records retention, reporting requirements, variances, and with communication and notice obligations, pursuant to OSHA. The firm counsels employers about the merits of an effective internal auditing program, the backbone of a successful overall safety and health program. TREMITI LLC assists the client with formulation of the audit pursuant to certain legal guidelines so as to preserve, to the extent possible, the audit, the results and any corrective measures within the attorney-client privilege.
TREMITI LLC does not hesitate to collaborate with knowledgeable safety professionals, consultants and engineers. This is especially true when an Employer needs specific assistance with its overall safety compliance program and record-keeping, where disputes are anticipated regarding interpretation or application of a specific safety and/or industrial hygiene standard and when an Employer seeks focused safety training for its employees, supervisors and managers.
Inspections, Citations, Notice of Contest, Abatement
TREMITI LLC prepares its business clients for OSHA inspections. The firm reviews the results of the audit with its clients and any citations that may be issued. TREMITI LLC, in conjunction with the client, reviews the anticipated citations and counsels the client regarding available options.
Once the citations and notifications of penalty are issued, TREMITI LLC prepares appropriate responses, including a Notice of Contest, and advises the Employer regarding all available defenses to the citations. The firm also counsels its clients regarding potential abatement or settlement strategies.
TREMITI LLC represents clients that decide to adjudicate their cases before the Occupational Safety and Health Review Commission (OSHRC). The firm participates in all pre-hearing conferences with the Administrative Law Judge assigned to the particular case, prepares any and all necessary pre-hearing documents and fully represents its clients throughout the hearing process.