CAL OSHA Citations

Help With CAL OSHA Citations, Appeals & Inspections

A visit from Cal/OSHA can quickly become a serious and expensive problem for an employer. Whether Cal/OSHA has just inspected your workplace, requested documents, notified you of a potential Serious violation, or already issued citations and penalties, the earlier you address the situation, the more options you may have.

Flanagan Consulting Corporation helps California employers respond to Cal/OSHA inspections and citations from the earliest stages through abatement, appeal and settlement.

I have personally handled hundreds of Cal/OSHA citation appeals since 2013. When you hire Flanagan Consulting Corporation, your case is not passed to another consultant. I work with you directly throughout the process.

If Cal/OSHA has contacted your company, contact me before responding or waiting for citations to arrive.

Cal/OSHA Appeal Experience Since 2013

I began handling Cal/OSHA appeals in 2013 and took over responsibility for managing the entire appeal process shortly afterward. Since then, I have personally handled hundreds of citation matters involving employers throughout California.

My work has included construction companies and employers in woodworking, metal plating, food manufacturing, sheet metal, tree service, tank services, bakeries, tire services, temporary staffing and other industries.

I handle the process personally, including:

• Responding to Cal/OSHA document requests and notices.
• Filing responses to Notices of Intent to Classify a Citation as Serious (1BY).
• Preparing and filing citation appeals.
• Coordinating citation abatement and supporting documentation.
• Attending status conferences and prehearing conferences.
• Participating in hearings when a matter cannot be resolved earlier.
• Working through settlement negotiations with Cal/OSHA.
• Seeking reductions in classifications and proposed penalties when supported by the circumstances.
• Addressing payment arrangements and non-admission provisions as part of settlement.

My goal is not to create a longer and more expensive dispute than necessary. My goal is to understand the citations, identify the issues that can realistically be challenged, complete the required abatement, and work toward the best practical resolution available to the employer.

Don’t Wait Until CAL OSHA Citations Arrive

One of the most important things I have learned from handling Cal/OSHA matters is that employers often wait too long to ask for help.

If Cal/OSHA has already visited your workplace, you do not necessarily need to wait for citations and penalties to arrive before contacting me.

The documents and information provided following an inspection can affect what happens next. Cal/OSHA may request safety programs, training documentation, inspection records, photographs or other information related to the conditions observed during the inspection.

A Notice of Intent to Classify a Citation as Serious, commonly referred to as a 1BY, is particularly important. It gives the employer an opportunity to respond before Cal/OSHA makes its final decision regarding a potential Serious classification.

I can help determine what information needs attention, work with you to obtain the necessary documentation, and prepare the response.

Getting involved earlier gives me more opportunity to help than waiting until the citation process is already well underway.

Already Received CAL OSHA Citations?

If citations have already been issued, I can review the citations, proposed classifications and penalties with you and handle the appeal process.

Not every citation should be approached the same way. The circumstances surrounding the inspection, the alleged violation, the evidence, the employer’s actions and the applicable regulation can all affect how a citation should be addressed.

My focus is generally on achieving a practical settlement when one is available rather than extending the matter unnecessarily.

That can include working to reduce penalties or classifications, resolving disputed citation items, completing required abatement, establishing an appropriate payment arrangement and obtaining non-admission language as part of the settlement.

When a satisfactory settlement cannot be reached, I continue with the case through the appropriate prehearing and hearing process.

Experience That Comes From Handling Hundreds of Appeals

Cal/OSHA regulations are detailed, and their application frequently depends on the circumstances surrounding the alleged violation. Successfully resolving a citation involves more than simply reading the regulation cited on the paperwork.

Since 2013, I have participated in hundreds of Cal/OSHA matters involving Administrative Law Judges, Cal/OSHA District Managers and enforcement personnel. That experience has given me a practical understanding of the citation and appeal process and, importantly, what can realistically be accomplished within it.

I am not an attorney, and Flanagan Consulting Corporation is not a law firm. My work is focused specifically on helping employers manage Cal/OSHA citation matters and the associated administrative process.

For employers who do not need or want traditional law-firm representation, this provides another option: experienced, hands-on Cal/OSHA appeal assistance without traditional law-firm fees.

Real CAL OSHA Citation Results

Every Cal/OSHA matter is different, and no particular outcome can be guaranteed. However, negotiated settlements can make a substantial difference in the ultimate cost of a citation.

Examples from matters I have handled include:

Proposed penalties: $103,650
Settlement: $43,550
Reduction: $60,100

and

Proposed penalties: $36,750
Settlement: $21,560
Reduction: $15,190

These results are examples of prior matters only. Outcomes depend upon the facts, citations, evidence, applicable regulations and circumstances of each case.

Citation Abatement Is Part of the Process

Appealing a citation does not eliminate the employer’s responsibility to address workplace hazards and satisfy applicable abatement requirements.

I work with clients to identify what is needed to document abatement. Because the employer is at the workplace and knows its operations, this is a collaborative process. Depending on the citation, documentation may include corrected procedures, written safety programs, employee training records, photographs or other evidence showing that corrective action has been completed.

When specialized on-site assistance is necessary, Flanagan Consulting Corporation can coordinate appropriate safety professionals for services such as workplace audits and employee training.

This part of my citation work ultimately led to another major area of Flanagan Consulting Corporation’s business. Employers frequently needed written safety programs as part of correcting deficiencies identified during Cal/OSHA inspections. I began developing those programs for clients, and that work eventually grew into the comprehensive safety manuals and written safety programs the company provides today.

When Should You Contact Me?

As early as possible.

You can contact me when Cal/OSHA first visits your workplace, when you receive a request for documents, when you receive a 1BY Notice of Intent to Classify a Citation as Serious, or after citations and penalties have been issued.

You do not need to determine on your own whether you have reached the point where assistance is necessary.

If Cal/OSHA has contacted your company and you are concerned about what happens next, contact me. We can start by looking at where you are in the process and what needs attention.