What to Do After Receiving an OSHA Citation – Steps for Fixing a Safety Gate Problem

If you’re reading this, there’s a good chance that you already know: OSHA inspections are unannounced and can happen at any time. The unknown nature of OSHA’s surprise visits can strike fear in plant managers, owners, and employees alike — and for good reason. If your company doesn’t provide adequate fall safety protection for workers, you can find yourself in serious trouble. Massive fines, abatement costs, lost production, and a damaged reputation are only the start. If OSHA does show up at your facility and finds safety gate violations, there are a few things that you can to do to minimize the trauma and get back on track.

Let’s assume that you have received a citation because of missing or inadequate safety gates, industrial swing gates, or some other fall safety violation. Whether an injury has occurred or not, these are serious problems and it’s time to act.

1. Read the citation thoroughly

First things first, you need to understand the OSHA fall protection citation you’ve received. Time is of the essence — there are specific time frames in which you must bring your worksite into compliance. Don’t ignore the documents; like an old parking ticket, it will only cause you more problems. Carefully review every detail of the citation and be sure that you understand the exact nature of the violation, what you need to do, and when. It’s a wise idea to take the documents to your legal department and upper management so that they can formulate a plan to correct the issue.

2. Review the citation with the necessary players

Gather your safety team, managers, and affected employees to review and discuss the alleged fall safety violations. Identify the location of the safety gate or industrial swing gates that were noted in the citation. Were they missing or improperly installed? Check for inaccuracies, review abatement dates, and make sure everyone understands the time frame for abatement activities and their role in the process. Document any immediate corrections that have taken place and develop a plan for addressing the remaining issues.

3. Post the citation at your worksite

OSHA requires that employers post a copy of the citation and notification of the proposed penalties near the violation point immediately. If this isn’t possible, posting it in a break room or other common area is also acceptable. The citation must remain posted for 3 working days or until the violation has been abated, whichever is longest. While the violation information must be made available to employees, you do not have to reveal the amount of the proposed penalties. You can either block them out or cover them prior to posting.

4. Take immediate action

Employers have limited options as to how they handle an OSHA citation. You can either agree, pay the penalties, and abate the problem, or contest it. In most cases, you’re allowed up to 30 days to make the necessary changes to comply with OSHA fall protection regulations. However, penalties are due and payable in full within 15 days of the date of issue. If you plan to contest the citation, you have 15 days to do so. Otherwise, OSHA assumes that you accept the violations and penalties, and will take corrective action immediately.

To Comply or Contest?

If you’re not sure whether to accept the citation, you may request an informal conference with the OSHA area director to discuss it. Even if you don’t contest the violation, you may still be able to request an extension of the abatement date if your reasons are deemed valid. If you’re issued an extension, it’s still your responsibility to ensure that you comply with all OSHA fall protection guidelines. You’ll also be required to periodically provide OSHA with status reports of your abatement actions during the extension.

Understand that OSHA fall protection regulations are in place to protect workers from potential dangers in the workplace. They aren’t meant to harm your company or your bottom line. In fact, the main reasons for an unannounced OSHA visit are as follows:

Imminent Danger Hazards: Workplaces with hazardous conditions and situations that have the potential to cause serious physical injuries are a top priority. The compliance officer might ask employers to either correct the hazard immediately or remove employees who might be in danger right away.

Reports of Severe Injuries or Illnesses: Employers have a duty to report any work-related hospitalizations due to certain specific injuries, or worse. An inspection will occur in these cases and corrective measures must be taken immediately.

Worker Complaints: If an employee alleges and reports hazards or other violations in the workplace, OSHA takes these notifications very seriously. In fact, employee complaints are given high-priority status — after all, protecting employees is what OSHA is all about. Furthermore, workers who report violations are given anonymity to protect them and encourage them to speak up.

Referrals from Outside Sources: In some cases, OSHA receives notice of workplace hazards from local, state, or other federal agencies. They may also be contacted by individuals, other organizations, and even the media. These types of reports are taken into consideration and an inspection may follow if the report is deemed credible.

Targeted Inspections: OSHA inspectors specifically target industries that have a high potential for hazards. They also place a priority on inspecting individual workplaces that have a high rate of workplace injury or illness. If your facility falls within either of these categories, you can expect more frequent inspections than one that doesn’t.

Follow-up Inspections: If a previous inspection revealed violations, OSHA inspectors are likely to return to ensure that abatement has occurred. In most cases, the time-frame for abatement is 30 days from the date of the citation. However, under certain conditions, like waiting for the installation of a new safety gate or other safety equipment, this period may be extended.

While getting an OSHA citation isn’t a pleasant experience, it’s one that needs to be handled promptly. At the end of the day, the safety and well-being of your employees should be your number one priority. And the faster you resolve your citation, the safer they will be.