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32 SEPTEMBER 2016 COATINGSPROMAG.COM Safety Watch Watch O ccupational Safety and Health Administration (OSHA) offices all over the country share a familiar tactic when it comes to negotiating settlements for safety citations, and construction contractors everywhere are falling for the bait far too often. OSHA area directors often include "zero dollar" citations along with hefty fines for major items like fall protec- tion, scaffolding issues, or trenching penalties. e zero dollar citation usually lacks support in fact or law and is intended only as a bargaining chip for OSHA. To avoid a costly settlement and subsequent fine, there are a few key items every contractor must remember the next time OSHA issues a citation that includes this zero dollar penalty. The Settlement Process How does the settlement process with OSHA work? Unfortunately, if your company is asking this question, you probably received a citation in the mail for an alleged safety violation. It is important to remember that the OSHA citation process moves very quickly, and you will have to match OSHA move for move if you're going to have any chance of defending your company against the administration. Once you receive the citation, you w ill have exactly 15 business days to respond. T he first option available is to pay the citation and correct the alleged violation; however, this is not always the recommended course of action. Oftentimes, a contractor w ill simply pay a small penalty in order to avoid the hassle of arguing w ith the administration over the allegations. T his can have dire consequences in the future, and you must remember that the monetar y penalty should never be the main focus of an OSH A inspection and citation. More importantly, you need to examine the classification and ty pe of penalty that has been issued, because the classification w ill be paramount in the event that OSH A cites the company again. For example, a commercial roofer who receives an initial fall protection citation for failure to properly wear or maintain personal protective equipment (PPE) on a roof can face a "Serious" violation w ith penalties ranging from $100 to $7,000. T he fine itself should not be the deciding factor on the decision to contest or pay. A small initial fine of $7,000 can quick ly become the basis for a "Repeat" violation if OSH A visits another jobsite and issues another citation, and this second visit w ill come w ith a penalty that ranges from $7,000 to $70,000. Assuming you haven't just paid the fine, the next option available when responding to an OSHA citation is to schedule and attend what is known as the informal conference. is is your opportunity to meet with the OSHA inspector who investigated the project and the assistant area director overseeing the inspection. e OSHA OSHA area directors often include "zero dollar" citations along with hefty fines for major items like fall protection, scaffolding issues, or trenching penalties. By Anthony David Tilton, Construction Law Associate With Trent Cotney, P.A. OSHA's Zero Dollar Citation: Settlement Negotiations