In its recent publication 16 Legal Tips: Handling OSHA Citations the Right Way, Intelivert asked 16 top legal experts for their tips to safety professionals who may find themselves on the receiving end of an OSHA citation. Three of those experts were Jackson Lewis attorneys – Carla Gunnin in our Atlanta office, as well as Tressi Cordaro and Nickole Winnett in the Washington, DC office.

Tressi Cordaro pointed out that “OSHA is not always right.” Her advice is to check whether the cited standard applies to your particular situation, read through the standard carefully looking for exceptions, checking definitions, and raising any concerns with OSHA during the informal conference. Her closing words of advice: “But don’t just assume the standard applies because OSHA cited it.”

Carla Gunnin cautions clients that OSHA needs to provide proof. Ms. Gunnin says that OSHA is increasingly issuing citations under the General Duty Clause. However, citing under the General Duty Clause increases OSHA’s burden of proof. OSHA must prove that not only was there a recognizable hazard but also that there is a feasible abatement method.

Nickole Winnett’s advice is to “Consider before you settle.” Ms. Winnett warns that however tempting OSHA’s settlement offer of a reduced penalty may be in the short term, it may prove costly in the long term. OSHA may use an organization’s citation history to support issuing Repeat and Wilful classifications and higher penalties in the future.

If you have any questions about “Handling OSHA Citations the Right Way,” or any other workplace safety concern, Tressi Cordaro, Carla Gunnin, Nickole Winnett and the other members of Jackson Lewis’s Workplace Safety & Health team are here to help.

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Photo of Bradford T. Hammock Bradford T. Hammock

Brad Hammock is a Principal in the Washington, D.C. Region office of Jackson Lewis, practicing exclusively in the safety and health area. He heads Jackson Lewis’ Workplace Safety and Health practice group.

He joined the firm in 2008 after serving for ten years…

Brad Hammock is a Principal in the Washington, D.C. Region office of Jackson Lewis, practicing exclusively in the safety and health area. He heads Jackson Lewis’ Workplace Safety and Health practice group.

He joined the firm in 2008 after serving for ten years as an OSHA attorney within the Department of Labor including, most recently, for more than three years as lead counsel for safety standards. As lead counsel, Mr. Hammock managed attorneys who worked with OSHA on regulatory initiatives, compliance assistance, and enforcement policy. He had direct responsibility for more than 20 major OSHA regulatory initiatives, including rulemakings on personal protective equipment, confined spaces, and crane safety.

Before his promotion to lead counsel, Mr. Hammock worked as a regulatory attorney for OSHA, focusing on ergonomics. He was one of the lead attorneys during the development of the OSHA ergonomics standard in 2000 and had primary responsibility for the Department of Labor’s comprehensive approach to ergonomics in 2002. Mr. Hammock is widely regarded as one of the nation’s most experienced attorneys on ergonomics.

Education

  • University of Virginia/Bachelor of Arts in American Government/1992
  • Syracuse University College of Law/Juris Doctor, magna cum laude/1996

Bar Admissions

  • District of Columbia
  • Virginia