Contesting Citations and Penalties
Student’s name
Institutional Affiliation
Contesting Citations and Penalties
During the informal conference, I presented my concerns to the area director in some issues that were highlighted by the compliance officer. However, we failed to reach a settlement or agreement. As a result, I file a notice to contest within the 15 days as required. Therefore, this article summarizes the case.
The citations and penalties that I will be contesting include the ones that were raised during the informal conference and the others that were not raised. The cases include Citation 1 Item 4b about the respirators with tight-fitting facepieces being worn by employees who have facial hair that came between the sealing surfaces and interfered with valve function. The reason why I wish to contest this citation and penalty is that beards are human qualities and preference; therefore, the fault should not be blamed only on the respirators, but be analyzed from different directions. It will, therefore, tell your employees what they do with their bodies (Raynolds, 2018).
I am also contesting the $4900 proposed for Citation 1 Item 4a. The quotation claims that the employees did not pass through a qualitative fit test (QFT), leading to the issue that was quoted in citation 1 item 4b. I contest this penalty because of the negligence of the employees (Nuseir & Ghandour, 2019). Memos are always written every time there is recruitment, to inform the employees that those who feel that their respirators are not fitting well should go to the shop keeper and change. I will, therefore, present the memo as evidence to the administrative law judge (ALG) as evidence. I will also be accompanied by our recruitment officer to deliver a witness.
A penalty of $5500 for not placing emergency eyewash 300 feet from the area of operation (US Department of Labor, 2018) is also contestable. I contest the citation 1 item 11 because the number one priority for the company is the welfare of the workers. As a result, we have offered goggles to all the employees who work with chemicals and sprays. With goggles, there is no need for emergency eyewash. I would then request OSHA to clarify this matter. Glasses seemed like the best option in protecting the eyes from a chemical splash (Friend and Kohn, 2018).
Another case to contest against is Citation 1 item 3, which states that I did not provide a medical evaluation to determine the employee’s ability to use a respirator for the employee is fit-tested for the ventilator. Our recruitment procedures and guidelines suggest that all those seeking employment in our company must submit a medical report. These medical reports determine the tasks they are given and place of work. As a result, I will also provide the compiled medical statements for all the employees working within the area cited. I, therefore, contest that the penalty is too high; however, we can be penalized for not compiling a progressive report for regular medical evaluation (Friend and Kohn, 2018).
The hearing will also involve other critical issues that we did not address in the informal conference. These issues include the abatement period should be extended for some of the citations because the due time of 15 days is not realistic. For instance, modification of the existing ventilation system to improve capture velocity at the ventilation hoods.
Finally, I will request OSHA forms 300, 300A, and 301, to get more information on the employer’s responsibilities and rights, as well as the duties of the employees in the working environment. These documents will be used as additional support when presenting my case. Besides, the case would need the company’s lawyer, and employee witnesses to testify against the allegations.
References
Friend, M. A., & Kohn, J. P. (2018). Fundamentals of occupational safety and health. Rowman & Littlefield.
Nuseir, M. T., & Ghandour, A. (2019). Ethical issues in modern business management. International Journal of Procurement Management, 12(5), 592-605.
Raynolds, L. T. (2018). Fairtrade certification, labor standards, and labor rights: comparative innovations and persistent challenges. Sociology of Development, 4(2), 191-216.
US Department of Labor. (2015). Citation and notification of penalty. Denver Company.