In this episode of Risk, Liability and Litigation, host Lisa Mosbey is joined by Kevin C. Mayer, a seasoned trial attorney and partner at Logan Mayer, LLP. They delve into the intricacies of OSHA citations, exploring how incidents lead to investigations and potential citations. Kevin explains the classification of citations, from serious to willful violations, and discusses the strategic decisions businesses must make when faced with these citations.
He shares real-world examples, such as a refinery explosion and a munitions mishap, illustrating the complexities and potential consequences of OSHA investigations. The episode emphasizes the importance of proactive compliance and the role of internal investigations in mitigating risks. Listeners will gain valuable insights into the legal and operational challenges posed by OSHA citations and learn strategies to effectively manage and contest them.
00:01 – Introduction
00:40 – What Triggers an OSHA Citation
01:52 – Classification of OSHA Citations
03:09 – Responding to Multiple Citations
04:00 – Real-World Case: Munitions Mishap
06:18 – Importance of Immediate Leadership Involvement
07:09 – Grounds for Appealing Citations
08:14 – Employee Misconduct as a Defense
09:19 – Aggressive OSHA Investigators
10:11 – Burden of Proof in Appeals
11:08 – Consequences of Ignoring Citations
13:31 – Collateral Legal and Operational Challenges
15:02 – Environmental and Civil Liabilities
16:02 – Final Thoughts on Compliance
Risk, Liability and Litigation is a podcast dedicated to helping businesses navigate the complexities of legal disputes, regulatory challenges, and high-stakes litigation. Hosted by experienced trial attorney Kevin C. Mayer, the show offers insights and strategies for managing risk and liability in various industries.
With a focus on clarity and practical advice, each episode breaks down complex legal topics, providing listeners with the knowledge they need to make informed decisions. Whether you're a business owner, legal professional, or simply interested in the legal landscape, Risk, Liability and Litigation delivers valuable content to keep you informed and prepared.