printech,June,2004Re: Employee Misconduct Defense For OSHA Citation

printech, June, 2004
Re: Employee Misconduct Defense For OSHA Citation


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From: Gary Jones (
gjonesprinting@aol.com)
Date: Tue, 29 Jun 2004 10:51:39
Mary: The employee misconduct defense is not new to OSHA. Its success at the Federal OSHA has been mixed. There is no provision in the code that specifically allows the defense, however it can be argued during the inspection, closing conference, and informal conference. In several situations where I have assisted members, we have been able to get citations dropped or the penalties reduced. It is incumbent upon the company to prove they have met the four criteria established in the email.

Some state OSHA's such as California and Virginia have incorporated the employee misconduct defense into their state codes and printers have been able to take advantage of this when it can be demonstrated that the employee clearly disregards policy, training, and regulations and there is a program in place to enforce the requirements.



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