What Should I Do Following a Failure to Abate Violation?
When a company receives a violation from a regulatory agency, they have a set period to resolve the issue. This period is known as an abatement period. OSHA administers a failure to abate violation when the offense is not acknowledged. This citation imposes additional penalties until the company addresses the violation. You may be eligible for compensation if you or someone you know has suffered a wrongful injury or death after an employer failed to abate.
What Is a Failure to Abate Violation?
Regulatory agencies such as the Occupational Safety and Health Administration (OSHA) or the Environmental Protection Agency (EPA), issue failure to abate violations when a company was previously cited for a breach and did not correct the violation.
For example, suppose an employer fails to provide adequate safety training to employees. They then receive a 30-day abatement period to correct the issue but neglect it. In that case, they may receive a failure to abate citation. This citation may require the employer to pay additional fines each day until they provide training to the employees.
When Is an Employer Liable for Failure to Abate?
An employer is liable for failure to abate. This liability arises when they fail to correct a known workplace hazard. The hazard must have been identified by OSHA or another applicable regulatory agency.
The process typically involves an inspection of the workplace, identification of any risks, and the issuance of a citation and proposed penalties for any violations found. The employer then has time to decrease or correct the offense, as specified in the citation.
Two common reasons an employer may be liable due to a failure to abate include:
- The employer knew about the violation but chose not to correct it
- The employer knew about the violation but chose not to post a written warning at the site of the area affected by the violation
If the employer fails to abate the violation within the specified timeframe, they may be subject to additional penalties and enforcement action. Also, the employer may be required to provide evidence to OSHA that substantiates their efforts to correct the violation.
Failure to abate can lead to severe consequences, including fines, legal action, and damage to the employer’s reputation. Hence, employers need to take workplace safety seriously. In addition, they should comply with all applicable regulations to ensure the health and safety of their employees.
What Do Inspectors Look For?
OSHA inspectors prioritize three areas. They prioritize direct employee complaints and referrals and situations in which employees are in imminent danger. They may quickly take action to inspect, investigate, and note violations.
Employees who know of dangerous working conditions may report them directly to OSHA to help prevent workplace injury and avoid uncomfortable situations with their employer.
I Think I Have a Failure to Abate Claim. What Do I Do?
You may be eligible for compensation if you or a family member or loved one has been injured following an employer’s failure to abate because the employer knew of the safety violation and did not correct it. Contact a lawyer to determine whether you are eligible to file a claim.
Contact the New York Attorneys at SPBMCC To Schedule a Free Consultation
Contact the personal injury lawyers at Sullivan Papain Block McManus Coffinas & Cannavo (SPBMCC) at (212)732-9000 for a free consultation to determine if you are eligible for compensation.