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January-February 2016

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28 PalletCentral • January-February 2016 palletcentral.com things to come. In that case, a roofing company supervisor was criminally prosecuted after falsely telling OSHA inspectors that fall protection had been purchased by the company prior to the accident that seriously injured three workers, when it was actually purchased three days after the incident. While the company was cited for six safety violations totaling $55,000 in civil penalties, because of the false information provided by the supervisor, the government was able to reach a plea agreement wherein the man will receive three years supervised probation and 30 hours of community service. The bottom line is that employers will need to carefully consider their actions any time a workplace incident occurs that results in a death, involves a young worker, or involves releases of toxics into the air (e.g., asbestos or silica) or water (e.g., diesel fuel spillage) that could be viewed as a tandem environmental violation. Moreover, counsel should be consulted promptly before the initial OSHA investigation is in full swing, because it will be critical for management personnel to be aware of their right to remain silent, or to have counsel present when interviewed. In addition, supervisors need to be aware that it is the worker's right to speak privately to OSHA, if they so choose, but OSHA cannot compel statements from anyone – salaried or hourly – except through the use of a subpoena pre-citation or through depositions once a case is in litigation. Finally, remember that documents or other critical evidence in a case cannot be destroyed or otherwise disposed of if there is a reason to believe that OSHA will want it. PC SAFETY Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. Adele can be reached at 301-595-3520 or www.safety-law.com. OSHA Resources Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's workforce is safe by setting and enforcing standards, providing training, education and assistance. Below are some resources for the wood packaging industry. NWPCA Media & Resource Center Search for additional OSHA articles authored by safety expert and attorney, Adele L. Abrams, Esq., CMSP, inside the media and resource center located at PalletCentral.com >> Industry Resources >> General Industry & Business Topics. Go to "OSHA Articles & Archives" to read more. http://bit.ly/22HnytJ OSHA QuickTakes Newsletter Free OSHA e-newsletter delivered twice monthly direct to your mailbox. Receive the latest news about OSHA initiatives and products to help employers and workers in finding and preventing workplace hazards. http://1.usa.gov/1qF1fUe

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