OSHA 101: What You Should Know
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This interactive and comprehensive presentation offers attendees an in-depth, practical examination of the Occupational Safety and Health Act (the “Act”) and how it, and the Secretary of Labor’s right to enforce the Act, may potentially affect his or her client’s business. Attendees will be provided a thorough analysis of the Act, including its history and purpose, the type of citations (e.g., serious, other-than-serious, willful, and repeat), penalties, including both civil and criminal, that may be issued under the Act, and a step-by-step discussion of the legal process implicated when a citation is issued.
Throughout the presentation, attendees will be provided practical, “real world” information regarding the various legal aspects of the Act, including references to many actual scenarios (e.g., photos, videos, factual circumstances) under which citations under the Act have been issued. Education regarding the Secretary of Labor’s right to issue the various types of citations will be a focus; specifically, attendees will learn the ramifications that may result from the payment of citations (e.g., repeat and willful citations), even after settlement negotiations with the Secretary of Labor have taken place.
After the webinar, attendees will:
- Know how to counsel clients to prepare for an OSHA inspection;
- Know their client’s rights if and when OSHA arrives;
- Understand the ramifications of issues, including matters relating to employee testimony, arising during an OSHA inspection and litigation; and
- Have a greater understanding of the interplay of OSHA with other types of laws and litigation.
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Travis W. Vance
Travis Vance is a partner in the firm’s Charlotte office and co-chair of the firm's Workplace Safety and Catastrophe Management Practice Group. He has tried matters across several industries and various subject matters, including employment litigation, business disputes and matters prosecuted by t [...]
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SHRM Credit
ATAHR Credit
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This webinar received a total of 3 survey responses. Attendees have given an average rating of 4.7 stars out of a possible 5, reflecting the quality and value of the content presented.
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Frequently Asked Questions
OSHA issues several categories of citations depending on the severity and nature of a workplace safety violation. A serious citation is issued when the violation poses a substantial probability of death or serious physical harm and the employer knew or should have known of the hazard — penalties can reach up to $15,625 per violation. Other-than-serious violations involve conditions that could affect employee safety but are less likely to cause serious injury, carrying similar penalty maximums. Willful violations — where an employer intentionally disregards OSHA requirements or shows plain indifference to employee safety — carry penalties up to $156,259 per violation and can result in criminal prosecution when an employee dies as a result. Repeat violations, where a substantially similar hazard was cited within the prior five years, carry the same high penalty ceiling as willful violations. Critically, paying a citation without contesting it constitutes a final order, which can establish a baseline for escalated repeat violation penalties on future inspections.
Preparation for an OSHA inspection begins long before an inspector arrives and involves building a culture of proactive compliance. Employers should conduct regular internal safety audits to identify and correct hazards before they become citations. Maintaining organized, up-to-date records — including OSHA 300 logs, training documentation, equipment inspection records, and safety data sheets — ensures required paperwork is ready for review. Designating a trained OSHA coordinator as the point of contact for inspections creates consistency in how the company responds. Developing and practicing a formal inspection protocol — including who greets the inspector, who accompanies them during the walkaround, and who provides documentation — removes uncertainty during a stressful situation. Supervisors and employees should be trained to understand their rights during an inspection. Legal counsel experienced in OSHA matters should be on call, as early involvement can significantly affect the outcome of citations and penalty negotiations.
Employers have several important rights when OSHA conducts a workplace inspection that, if exercised appropriately, can meaningfully affect the outcome. Employers have the right to request the inspector's credentials and the purpose of the inspection before granting entry. While employers generally allow entry to avoid obstruction charges, they can request that the inspector wait while legal counsel is notified. During the opening conference, employers have the right to understand the scope of the inspection, whether it was triggered by a complaint or routine program, and what records or areas will be reviewed. An employer representative has the right to accompany the compliance officer throughout the walkaround, allowing them to provide context, correct misunderstandings in real time, and document what the inspector observes. Employers have the right to challenge citations by filing a notice of contest within 15 working days of receiving a citation — missing this deadline results in the citation becoming a final, non-appealable order.
Understanding the distinctions between OSHA violation categories is critical because they carry dramatically different legal and financial consequences. A serious violation — the most common type — means a hazard existed that could cause serious injury or death and the employer knew or should have known about it. The key element is knowledge, not intent. A willful violation involves intentional disregard for OSHA requirements or demonstrated plain indifference to employee safety — the employer knew the law applied and consciously chose not to comply. Willful violations carry penalties up to ten times higher than serious violations and can result in criminal charges if an employee dies as a result. A repeat violation occurs when OSHA cites a substantially similar hazard within five years of a final order for a previous citation, regardless of whether the incidents occurred at different locations. Paying a citation without contesting it constitutes a final order, which can set the stage for repeat violation penalties if the same hazard recurs at any future inspection.
OSHA citations and inspections do not occur in isolation — they frequently intersect with and influence other areas of employment law and civil litigation. An OSHA citation can be used as evidence in personal injury or wrongful death lawsuits brought by injured employees or their families, particularly when the citation establishes that a hazard existed and the employer was aware of it. Workers' compensation claims often parallel OSHA investigations following a serious workplace injury, and findings from one proceeding can affect the other. In industries regulated by other federal agencies — such as transportation (FMCSA) or mining (MSHA) — OSHA may coordinate enforcement efforts or defer to the specialized agency depending on jurisdiction. OSHA's anti-retaliation provisions under Section 11(c) prohibit employers from retaliating against employees who report safety concerns or participate in inspections, creating potential overlap with wrongful termination and discrimination claims. Employers defending OSHA citations should consult counsel familiar with this multi-agency landscape to develop a coordinated legal strategy.