Unit VI Assignment
Name
BOS 3525
Date
, UNIT VI ASSIGNMENT 2
Due to not coming to an agreement with the Director of OSHA an case has been assigned to an
administrative law judge (ALJ). The following document will summarize the case that will be
submitted to the ALJ. The case of the ALJ differs from the informal conference with the OSHA
Director, the ALJ hearing is a formal process that takes place at the nearest OSHRC office. The
following findings with supported documentation will be used for the hearing with the ALJ:
Reduction in cost of penalties
Quick-Fix implementations
Request for extension on certain abatement dates.
Attendees for the hearing will include the following personnel:
Owner of facility
Legal Representative
Union representative
The first topic for discussion for the ALJ is going to be the reduction of the penalties
for all of the identified issues by 10%. The company has not received any violations form
OSHA in the past 5 years. The Director of OSHA did not recognize this action, however
as stated in the OSHA Directive CPL 02-00-159 Chapter 6-7. “ A reduction of 10 percent
shall be given to employers who have been inspected by OSHA and were found to be in
compliance or were not issued serious violations in the previous five years.” We will
need to bring the previous 5 years OSHA 300 logs, and the results from the last OSHA
inspection to show the inspections had no serious, willful, or repeat findings.
The following citation was presented to the OSHA director as “quick fix” corrective
actions that were corrected within 24 hours of the initial OSHA inspection. The
reasoning for fighting for the “quick fix” is to reduce the penalty of the citation by 15%.