OSHA May Soon Be Better Able to Prevent Atlanta Work Injuries - Van Sant Law, LLC

OSHA May Soon Be Better Able to Prevent Atlanta Work Injuries

When employers violate safety regulations promulgated by the Occupational Safety and Health Administration (OSHA), this creates an increased risk of catastrophic workplace injuries in Atlanta. Although injuries can happen even when no violations occur, problems with equipment or safety protocols means a greater likelihood a worker will be hurt or even killed due to dangerous conditions. As a result, one of the keys to preventing work injuries from occurring is for OSHA to conduct routine inspections and issue citations. forklift Van Sant Law

OSHA, unfortunately, is understaffed and does not have the manpower to conduct inspections with sufficient regularity. This means OSHA often does not identify workplace violations or take action to issue citations and demand correction of issues. Employers get away with leaving safety issues unresolved, and workers are put in jeopardy. One potential new precedent-setting decision, however, could be a step in the right direction by making it easier for OSHA to do its job.

Pending Court Decision Could Improve OSHA’s Ability to Prevent Atlanta Work Injuries

The new decision which Safety News Alert indicates will be made by a trial court relates to the ability of OSHA to issue an enterprise-wide abatement order. The question of whether OSHA has this power is going to be headed to trial because an administrative law judge for the Occupational Safety and Health Review Commission determined it should be decided in court. The OSHRC made this determination after a company appealed an abatement order by OSHA requiring the company to fix problems with forklifts at all of its different branches and locations.

The company in question has a long history of violating safety rules related to forklifts. Since 2006, the company had received 11 final order citations from OSHA for problems with forklifts. Of these citations, eight were for repeat violations. OSHA also recently conducted another inspections, finding 14 violations and imposing a penalty of more than $380,000. Some of the violations included things like horns and lights not working, batteries leaking, and tire damage.

The company appealed OSHA’s penalty and citations, and OSHA responded by asking for an abatement order to address issues at all of the offending-company’s locations. This, of course, led to a company request to dismiss the order- but the judge said the issue should be decided in trial.

If it is determine OSHA has the authority to enter an order to correct all related problems at all locations, even though it hasn’t visited all locations, this is a big benefit to workers. This would create precedent effectively establishing OSHA’s right to issue enterprise-wide abatement orders, so OSHA would no longer need to visit each individual branch of a company’s business to find problems that needed fixing. This could save a lot of time, and could save a lot of lives since most employers who violate safety standards at once place are probably violating those standards at other branches and locations as well.

Have You Been Injured On The Job?

If you’ve been injured at work you need to speak with an experienced workers’ compensation lawyer as soon as possible. Contact us online or call our office directly at 855.GA.INJURY or 404.991.5950 to schedule your free consultation.

David M. Van Sant
Atlanta personal injury lawyer dedicated to helping clients throughout GA get the compensation they deserve.
Stopwatch

Time is Running Out!

Georgia gives you a limited amount of time for you to file a claim. Call us now for a free consultation.

24-7 Support

(855) GA-INJURY

404-991-5950

Atlanta

307 14th St NW #100
Atlanta, GA 30318

404-991-5950

(855) GA-INJURY

Office Info
Get Directions

Duluth

3675 Crestwood Pkwy NW #400-A
Duluth, GA 30096

678-771-9001

(855) GA-INJURY

Office Info
Get Directions

Alpharetta

11175 Cicero Drive, Suite #100-A
Alpharetta, GA 30022

678-679-6710

(855) GA-INJURY

Office Info
Get Directions

Lawrenceville

113 S Perry St #205
Lawrenceville, GA 30046

678-771-9000

(855) GA-INJURY

Office Info
Get Directions

Athens

824 S Milledge Ave #203
Athens, GA 30605

706-395-5529

(855) GA-INJURY

Office Info
Get Directions

Sandy Springs

6095 Lake Forrest Dr NE #250-A
Atlanta, GA 30328

678-679-6711

(855) GA-INJURY

Office Info
Get Directions

Cumming

123 Tribble Gap Rd #100
Cumming, GA 30040

770-886-9199

(855) GA-INJURY

Office Info
Get Directions

Gainesville

311 Green Street NW, Suite 400
Gainesville, GA 30501

678-771-9019

(855) GA-INJURY

Office Info
Get Directions

©2019 Van Sant Law, LLC, All Rights Reserved, Reproduced with Permission Privacy Policy | Site Map