A longtime Andrews Myers subcontractor client, with no previous history of OSHA citations, experienced a workplace incident related to heat-stress. Following the new incident reporting rules, our client contacted OSHA within the required period of time and fully cooperated with the workplace inspection process. Despite the inspection report noting no instances of Repeated, Willful or Failure-To-Abate violations, nor any significant number of High Gravity Serious violations, the subcontractor received two citations: Serious and Other-than-Serious. The positive inspection, combined with our client’s noted good faith efforts to correct any perceived issues, availed them the opportunity to pay a reduced OSHA fine under the Expedited Informal Settlement Agreement (EISA) program.
On behalf of our client, Andrews Myers successfully negotiated a settlement with the Department of Labor Solicitor whereas the two citations would be withdrawn, resulting in zero dollars fines, provided that additional supervisor training on heat-related illnesses would be instituted.